DEC    6    1911 
GIFT 


LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA. 


GIFT    OF 


^^JsA^SyiUj^ 


Class 


"-^nts  of 


'      t  re 
\ : 


••-wMtem 

cirv, 


REVISED  SCHOOL   LAWS 


OF    THE 


STATE  OF  MISSOURI 


REVISED    STATUTES,    1909 
AND  SESSION  ACTS  OF  1911 


With    Court    Decisions,    Forms    and    Comments    for   the 
Use  of  School  Officers 


PUBLISHED  ACCORDING  TO  LAW  BY   THE 

STATE  SUPERINTENDENT  OF  PUBLIC  SCHOOLS 

SECTION  10920 


THE    PRESIDENTS    AND     SECRETARIES     OF    SCHOOL     BOARDS     SHOULD 

HAVE   COPIES   AND   TURN   THEM   OVER   TO    THEIR   SUCCESSORS. 

EVERY  TEACHER  IS  ALSO  ENTITLED  TO  ONE  COPY,  WHICH 

SHOULD   BE  PLACED   IN   THE   DISTRICT  LIBRARY 

OR    FILED    WITH    THE    DISTRICT    CLERK. 


THE    HUGH    STEPHENS    PRINTING    COMPANY, 

JEFFERSON    CITY,    MISSOURI. 


6   191) 


s^. 


THIS  VOLUME  IS  STATE  PROPERTY 

AND  IS  FOR  THE  USE  OF 


of  ...  ,  district  No 

County  of ,  State  of  Missouri. 

School  officials,  on  retiring  from  office,  should  deliver  this  volume, 
with  all  other  books  and  documents  of  an  official  character,  to  their  suc- 
cessors. 

The  teacher 's  copy  should  be  kept  with  the  register  and  other  school 
records,  and  be  placed  in  the  school  library  at  the  close  of  the  term,  or 
filed  with  the  clerk,  who  will  deliver  same  to  teacher  at  opening  of  next 
term. 


(3) 


224793 


INTRODUCTORY. 


In  presenting  this  compilation  of  the  School  Laws,  it  is  proper  to 
call  attention  to  some  important  legislation  passed  by  the  46th  General 
Assembly.  The  Legislature  yielded  to  the  urgent  request  of  the  teachers 
of  the  State  and  enacted  an  entirely  new  certification  measure.  A  pro- 
nounced agitation  against  inaccuracies  in  enumeration  of  school  children 
led  to  the  adoption  of  a  new  plan  of  apportionment  of  the  public  school 
moneys  of  the  State. 

The  transportation  measure  and  the  new  law  relating  to  factories 
and  child  labor  also  deserve  careful  attention.  Some  changes  in  inter- 
pretation to  meet  recent  decisions  and  later  experience  have  been  made 
and  some  instructions  based  on  obsolete  laws  have  been  omitted. 

WM.  P.  EVANS, 
State  Superintendent  of  Public  Schools. 

(5) 


REVISED 

SCHOOL  LAWS  OF  MISSOURI 

1911. 


CHAPTER  106. 


SCHOOLS. 

ARTICLE  I.  Classification  of  public  schools. 

II.  Laws  applicable  to  all  classes  of  schools. 

III.  Laws  applicable  to  common  schools. 

IV.  Laws  applicable  to  city,   town  and  consolidated  schools. 

V.  Laws  applicable  to  certain  school  districts. 

VI.  Compulsory  attendance  of  children. 

VII.  State  superintendent 

VIII.  County  superintendents. 

IX.  Teachers'  certificates — how  obtained  or  revoked. 

X.  County  text-book  commission. 

XL  State  board  of  education. 

ARTICLE  I. 

CLASSIFICATION  OF  PUBLIC  SCHOOLS. 

Sec.  10775.  Schools — classification  of. — The  public  schools  of  this 
state  are  hereby  classified  as  follows : 

First,  all  districts  having  only  three  directors  shall  be  known  as 
common  school  district;  second,  all  districts  outside  of  incorporated 
cities,  towns  and  villages,  which  are  governed  by  six  directors,  shall 
be  known  as  consolidated  school  districts;  third,  all  districts  gov- 
erned by  six  directors  and  in  which  is  located  any  city  of  the  fourth 
class,  or  any  incorporated  town  or  village,  shall  be  known  as  town 
school  districts,  and  fourth,  all  districts  in  which  is  located  any  city 
of  the  first,  second  or  third  class  shall  be  known  as  city  school  districts. 
(R.  S.  1899,  §  9739,  amended,  L.  1909,  p.  770.) 

School  districts  are  quasi  corporations.  52  Mo.  309;  54  Mo.  458.  Territory  outside 
01  corporate  limits  may  be  attached,  how.  53  Mo.  127;  60  Mo.  540;  65  Mo.  587.  School 
districts  not  subject  to  garnishment.  42  A.  460. 

When  a  new  district  is  formed  in  the  manner  provided  by  law,  the  matter  should 
be  reported  to  the  county  clerk,  and  by  him  to  the  county  court,  whose  duty  it  is  by- 
order  made  of  record  to  denominate  and  number  the  same.  89  Mo.  158. 


,  V'  :  '/  i  Revised  School  Laws. 


ARTICLE  II. 

LAWS  APPLICABLE  TO  ALL  CLASSES  OP   SCHOOLS. 


SECTION 
10776.     School 


district    forfeits    its    or- 
ganization,   when    and    how — ' 
pupils  of  certain  districts  may 
be  sent  to  other  districts,  when. 

10777.  School  loan — method  of  voting — 

sale  of  bonds. 

10778.  Restrictions    on    loans. 

10779.  Renewal  funding  bonds,  issue  of. 

10780.  Exchange  and  sale  of  bonds — no 

commission  allowed. 

10781.  Redeemed  bonds  to  be  destroyed. 

10782.  Tax   levy   for   sinking   fund. 

10783.  Tax   levy  for   annual   interest. 

10784.  Care    of   property   and   purchase 

of   material. 

10785.  Rules    and    regulations  —  admis- 

sion  of  non-residents. 

10786.  Contagious    diseases    among   pu- 

pils. 

10787.  Employment   of   teachers. 

10788.  Contract    construed. 

10789.  Visitation    of    schools. 
10790-.     Enumeration    lists. 

10791.  Estimate. 

10792.  Condemnation    of   site. 

10793.  Separate    schools   for   white    and 

colored    children. 

10794.  Schools      for      colored      children, 

establishment    of. 

10795.  Colored    children— right    to    at- 

tend other  schools  in  county. 

10796.  Increase   of   tax   levy   for   main- 

taining   schools. 

10797.  Increase  of  tax  levy  for  erecting 

schoolhouse. 

10798.  Notice    of    meeting    to    increase 

tax  levy. 

10799.  Special    meetings. 

10800.  School    day,    week,    month    and 

year. 

10801.  Arbor    day. 

10802.  Injuring    school    property  —  fail- 

ure  of   certain   officers   to   per- 
form  duty — penalty. 

10803.  School   moneys,   how   applied. 

10804.  Teachers — certificate   before   em- 

ployment. 

10805.  Teachers  and  directors  guilty  of 

misdemeanor,   when. 


SECTION 

10806.  Instruction     in     physiology     and 

hygiene. 

10807.  Register  of  attendance. 

10808.  County    school    funds. 

10809.  School  fund  not  to  be  loaned  to 

certain   persons — penalty. 

10810.  County    court    to    have    jurisdic- 

tion of  county  school  fund. 

10811.  Collection  of  fines  and  penalties 

and  other  school  moneys. 

10812.  Township  school  fund,  source  of. 

10813.  Management   of   school   funds. 

10814.  Transfer   of   funds   when   county 

lines   are   changed. 

10815.  Capital    of    township    fund,    how 

invested. 

10816.  Security    for    loans. 

10817.  Form     of     mortgage — notice     of 

sale — fees,    how   paid. 

10818.  County  court  may  require  addi- 

tional   security. 

10819.  County  court  may  make  order  of 

sale,    when. 

10820.  Receipts     for     principal     or     in- 

terest of  loan  paid. 

10821.  Authority    to    repossess   property 

by    purchase. 

10822.  Apportionment    of    public    school 

fund. 

10823.  Correction  of  error  in  apportion- 

ment— distribution   of  funds. 

10824.  Distribution  of  funds  when  town- 

ship lies  in  two  counties. 

10825.  Duties    of    county    clerk — assess- 

ment of  estimates. 

10826.  Compensation     of     county     clerk 

for  labor  on  tax  books. 

10827.  Report  of  county   clerk  to   state 

superintendent. 

10828.  Collector's  receipts  and  compen- 

sation. 

10829.  Collections    of    delinquent    taxes. 

10830.  County  treasurers  and  their  du- 

ties. 

10831.  Settlement    of    county    or    town- 

ship treasurer. 

10832.  Penalty     for     failure     to     make 

settlement. 

10833.  Title    of   property. 


Sec.  10776.  School  district  forfeits  its  organization,  when  and  how 
— pupils  of  certain  districts  may  be  sent  to  other  districts,  when.— 
Whenever  any  school  district  in  this  state,  now  organized  or  that  may 
be  hereafter  organized  under  the  laws  of  this  state,  shall  fail  or  re- 
fuse, for  the  period  of  one  year,  to  provide  for  an  eight  months' 


Revised  School  Laws.  9 

school  in  such  year,  provided  a  levy  of  forty  cents  on  the  one  hun- 
dred dollars'  valuation,  together  with  the  public  funds  and  cash  on 
hand,  will  enable  them  to  have  so  long  a  term,  the  same  shall  be  deemed 
to  have  lapsed  as  a  corporate  body,  and  the  territory  theretofore 
embraced  within  such  lapsed  district  shall  be  deemed  and  taken  as 
unorganized  territory,  and  the  same,  or  any  portion  thereof,  may  be 
attached  to  any  adjoining  district  or  districts  for  school  purposes,  in 
the  same  manner  as  is  now  provided  in  section  10836 :  Provided,  that  no 
school  district  shall  be  deemed  to  have  lapsed  where  the  failure  to  make 
the  needed  provision  for  the  eight  months  of  school  results  from  the  ir- 
regular or  void  proceedings  had  for  that  purpose:  Provided,  that  in 
any  district  enumerating  fewer  than  twenty-five  children,  the  board  may, 
from  year  to  year,  arrange  with  the  board  or  boards  of  other  district  or 
districts  for  the  admission  of  all  children  of  school  age  in  said  district 
'containing  fewer  than  twenty-five  children  enumerated,  and,  if  desired, 
arrange  for  transporting  children  to  and  from  school.  And,  when  rati- 
fied by  a  two-thirds  vote  of  the  qualified  voters  of  said  school  district, 
voting  at  a  special  meeting,  such  arrangements  shall  be  final,  and  the 
board  will  be  authorized  to  issue  warrants  upon  the  teachers'  fund  for 
payment  of  tuition,  and  upon  the  incidental  fund  for  the  {rayment  of  cost 
of  transporting  pupils.  (R.  S.  1899,  §  9741,  amended,  L.  1907,  p.  770.) 

If  a  district  maintains  a  shorter  term  than  eight  months,  it  must  show  that  it 
used  a  forty-cent  levy,  together  with  the  public  funds  and  cash  on  hand. 

FREE  TRANSPORTATION  OF  PUPILS.     [NEW  SECTION.] 

Section  1.  Free  transportation  of  pupils — how  obtained — by 
whom  paid. — Whenever  the  board  of  directors  of  any  school  district 
or  board  of  education  of  a  consolidated  district  shall  deem  it  advisable, 
or  when  they  shall  be  requested  by  a  petition  of  ten  taxpayers  of  such 
district,  to  provide  for  the  free  transportation  to  and  from  school,  at 
the  expense  of  the  district,  of  pupils  living  more  than  one-half  mile 
from  the  schoolhouse,  for  the  whole  or  for  part  of  the  school  year,  said 
board  of  directors,  or  board  of  education  shall  submit  to  the  qualified 
voters  of  such  school  district,  who  are  taxpayers  in  such  district,  at  an 
annual  meeting  or  a  special  meeting,  called  and  held  for  that  purpose, 
the  question  of  providing  such  transportation  for  the  pupils  of  such 
school  district :  Provided,  that  when  a  special  meeting  is  called  for  this 
purpose,  a  due  notice  of  such  meeting  shall  be  given  as  provided  for  in 
section  10799.  If  (a)  two-thirds  of  the  voters,  who  are  taxpayers,  vot- 
ing at  such  election,  shall  vote  in  favor  of  such  transportation  of  pupils 
of  said  school  district,  the  board  of  directors  or  board  of  education 
shall  arrange  for  and  provide  such  transportation.  The  board  of  di- 
rectors or  board  of  education  shall  have  authority  and  are  empowered 
to  make  all  needful  rules  and  regulations  for  the  free  transportation 
of  pupils  herein  provided  for,  and  are  authorized  to  and  shall  require 
from  every  person,  employed  for  that  purpose,  a  reasonable  bond  for 
the  faithful  discharge  of  his  duties,  as  prescribed  by  the  board.  Said 
board  of  directors  or  board  of  education  shall  pay  by  warrant  the  ex- 


10  Revised  School  Laws. 

penses  of  such  transportation  out  of  the  incidental  fund  of  the  dis- 
trict.    (Session  Acts,  1911.) 

Sec.  10777.    School  loan — method  of  voting — sale  of  bonds. For 

the  purpose  of  purchasing  schoolhouse  sites,  erecting  schoolhouses,  li- 
brary buildings  and  furnishing  the  same,  and  building  additions  to  or  re- 
pairing old  buildings,  the  board  of  directors  shall  be  authorized  to  borrow 
money,  and  issue  bonds  for  the  payment  thereof,  in  the  manner  herein 
provided.  The  question  of  loan  shall  be  decided  at  an  annual  school  meet- 
ing or  at  a  special  election  to  be  held  for  that  purpose.  Notice  of  said 
election  shall  be  given  at  least  fifteen  days  before  the  same  shall  be  held, 
by  at  least  five  written  or  printed  notices,  posted  in  five  public  places  in 
the  school  district  where  said  election  shall  be  held,  and  the  amount  of 
the  loan  required,  and  for  what  purposes;  it  shall  be  the  duty  of  the 
clerk  to  sign  and  post  said  notices.  The  qualified  voters  at  said  elec- 
tion shall  vote  by  ballot.  Those  voting  in  favor  of  the  loan  shall  have 
written  or  printed  on  their  tickets,  l '  For  the  loan ; ' '  those  voting  against 
the  loan,  the  words  " Against  the  loan;"  and  if  two-thirds  of  the  votes 
cast  shall  be  "for  the  loan,"  the  district  board  shall  be  vested  with  the 
power  to  borrow  money,  in  the  name  of  the  district,  to  the  amount  and 
for  the  purpose  specified  in  the  notices  aforesaid,  subject  to  the  re- 
strictions of  the  following  section.  When  bonds  are  voted  under  this 
section  for  the  erection  of  one  or  more  school  houses,  to  be  erected  on 
the  same  or  different  sites  in  common  school  districts,  said  bonds  shall 
not  be  negotiated  by  said  board  until  said  bonds  have  been  deposited 
with  the  county  or  township  in  which  said  district  shall  be  situated, 
and  upon  the  order  of  said  board,  and  the  payment  to  the  county  or 
township  treasurer  of  the  amount  agreed  to  be  received  for  the  same 
by  said  board,  from  the  persons  loaning  said  money  upon  said  bonds. 
The  county  or  township  treasurer  shall  countersign  said  bonds  and  de- 
liver the  same  to  the  person  or  persons  named  by  said  board  of  di- 
rectors; but  no  such  bonds  shall  be  sold  for  such  an  amount  that  the 
net  proceeds,  after  deducting  expenses  and  commissions  from  the  same, 
shall  be  less  than  ninety  cents  on  the  dollar  of  the  face  value  thereof,  and 
all  renewal  funding  bonds  issued  by  such  districts,  to  be  exchanged  for 
outstanding  bonds  of  said  districts,  or  for  the  purpose  of  being  sold 
to  raise  sufficient  funds  to  pay  any  outstanding  bonds  thereof,  shall  not 
be  exchanged,  negotiated  or  sold  by  the  board  of  directors  of  said  dis- 
tricts except  as  above  provided,  and  not  until  the  purchase  price  there- 
of, or  the  bonds  to  be  exchanged  therefor,  shall  be  turned  over  to  the 
county  or  township  treasurer;  and  said  treasurer  shall  write  or  print 
the  words  "aid  by  renewal  bonds"  across  the  face  of  said  bonds  so  re- 
ceived in  exchange,  and  sign  the  same  before  delivering  the  said  renewal 
bonds  to  said  board.  The  said  county  or  township  treasurer  and  his 
securities  shall  be  responsible,  on  his  official  bond,  for  all  moneys,  bonds 
or  securities  received  by  him  under  this  section.  (Session  Acts  1911.) 

The  above  section  and  the  one  which  follows  were  passed  by  the  Forty-sixth 
General  Assembly  on  the  same  day  and  signed  by  the  Governor  on  the  same  day. 
They  should  be  construed  together. 

Sec.  10777.    School  loan— method  of  voting— sale  of  bonds.— For 


Revised  School  Laws.  11 

the  purpose  of  purchasing  schoolhouse  sites,  erecting  schoolhouses 
and  furnishing  the  same,  and  building  additions  to  or  repairing 
old  buildings,  the  boa.rd  of  directors  shall  be  authorized  to  borrow 
money,  and  issue  bonds  for  the  payment  thereof,  in  the  manner 
herein  provided.  The  question  of  loan  shall  be  decided  at  an  an- 
nual school  meeting  or  at  a  special  election  to  be  held  for  that  pur- 
pose. Notice  of  said  election  shall  be  given  at  least  fifteen  days  be- 
fore the  same  shall  be  held,  by  at  least  five  written  or  printed  notices, 
posted  in  five  public  places  in  the  school  district  where  said  election 
shall  be  held,  and  the  amount  of  the  loan  required,  and  for  what 
purposes.  It  shall  be  the  duty  of  the  clerk  to  sign  and  post  said 
notices.  The  qualified  voters  at  said  election  shall  vote  by  ballot. 
Those  voting  in  favor  of  the  loan  shall  have  written  or  printed  on 
their  tickets,  "For  the  loan;"  those  voting  against  the  loan,  the 
words  "Against  the  loan;"  and  if  two-thirds  of  the  votes  cast  on  the 
proposition  shall  be  "for  the  loan,"  the  district  board  shall  be  vested 
with  the  power  to  borrow  money,  in  the  name  of  the  district,  to  the 
amount  and  for  the  purpose  specified  in  the  notices  aforesaid,  subject 
to  the  restrictions  of  the  following  section.  When  bonds  are  voted 
under  this  section  for  the  erection  of  one  or  more  schoolhouses,  to  be 
erected  on  the  same  or  different  sites  in  common  school  districts, 
said  bonds  shall  not  be  negotiated  by  said  board  until  said  bonds  have 
been  deposited  with  the  county  or  township  treasurer  of  the  county 
or  township  in  which  said  district  shall  be  situated,  and  upon  the 
order  of  said  board,  and  the  payment  to  the  county  or  township 
treasurer  of  the  amount  agreed  to  be  received  for  the  same  by  said 
board  from  the  person  loaning  said  money  upon  said  bonds.  The 
county  or  township  treasurer  shall  countersign  said  bonds  and  de- 
liver the  same  to  the  person  or  persons  named  by  said  board  of 
directors;  but  no  such  bonds  shall  be  sold  for  such  an  amount  that 
the  net  proceeds,  after  deducting  expenses  and  commissions  from  the 
same,  shall  be  less  than  ninety  cents  on  the  dollar  of  the  face  value 
thereof,  and  all  renewal  funding  bonds  issued  by  such  districts  to  be 
exchanged  for  outstanding  bonds  of  said  districts,  or  for  the  purpose  of 
being  sold  to  raise  sufficient  funds  to  pay  any  outstanding  bonds  there- 
of, shall  not  be  exchanged,  negotiated  or  sold  by  the  board  of  direc- 
tors of  said  districts  except  as  above  provided,  and  not  until  the  pur- 
chase price  thereof,  or  the  bonds  to  be  exchanged  therefor,  shall  be 
turned  over  to  the  county  or  township  treasurer;  and  said  treasurer 
shall  write  or  print  the  words  "Paid  by  renewal  bonds"  across  the 
face  of  said  bonds  so  received  in  exchange  and  sign  the  same  before 
delivering  the  said  renewal  bonds  to  said  board.  The  said  county 
or  township  treasurer  and  his  sureties  shall  be  responsible  on  his 
official  bond,  for  all  moneys,  bonds  or  securities  received  by  him  under 
this  section.  (Session  Acts  1911.) 

No  petition  is  necessary  to  call  election  to  vote  bonds  under  this  section.  Richard- 
son v.  McReynolds,  114  Mo.  641.  Board  may  issue  bonds  for  a  less  sum  than  amount 
authorized  by  vote;  and  also  may  issue  renewal  bonds  for  a  larger  sum  than  voted 
when  necessary  to  cover  accrued  interest  on  first  bonds.  Bauer  v.  District,  78  A.  442, 
The  payment  of  a  commission  which  reduces  net  proceeds  of  bonds  to  89  cents  on  the 


12  Revised  School  Laws. 

dollar  while  not  authorized  does  not  render  such  bonds  void.  The  Franklin,  etc.,  v. 
Roscoe,  75  Mo.  408.  Recital  in  bonds  that  law  governing  their  issue  has  been  com- 
plied with  is  not  evidence  of  that  fact  and  does  not  estop  district  from  contesting 
them.  Heard  v.  District,  45  A.  661 ;  Thornburg  v.  District,  175  Mo.  12.  When  record 
of  district  fails  to  affirmatively  show  that  an  election  was  ordered  and  a  day  fixed 
by  the  board  to  vote  on  the  proposition  to  borrow  money  and  issue  bonds,  the  bonds 
are  void.  Thornburg  v.  District,  175  Mo.  12. 

There  are  two  methods  of  securing  a  building  fund:  (1)  By  a  sale  of  bonds  under 
section  10777;  (2)  by  levy  for  building  purposes,  under  section  10797.  Neither  requires 
a  petition  of  taxpayers  or  voters.  In  either  case,  the  board  of  directors  may  take  the 
initiative.  114  Mo.  641.  Under  section  10797,  the  board  shall  proceed  to  determine  the 
rate  of  taxation  necessary  for  building  purposes  when  "requested  by  petition  of  ten 
taxpayers  of  any  school  district."  Both  sections  apply  to  all  classes  of  school  dis- 
tricts— to  city,  town,  consolidated,  and  to  common  school  districts  with  three  directors. 
Again,  both  the  loan  and  the  levy  for  building  purposes  may  be  voted  upon  at  either 
an  annual  or  special  meeting.  In  both  cases  notice  is  required.  In  both  cases,  to 
carry  the  proposition,  it  is  necessary  that  two-thirds  of  the  qualified  voters  voting 
at  the  election  vote  therefor. 

It  often  happens  that  the  question  of  loan  is  submitted  at  an  election  where 
several  other  questions  are  voted  upon,  and  the  number  of  votes  cast  upon  the  loan 
falls  considerably  short  of  the  number  who  vote  on  the  various  propositions  sub- 
mitted at  the  election.  For  instance,  only  thirty  persons  vote  on  the  question  of  loan, 
while  forty  may  vote  upon  some  other  proposition  submitted  at  the  election.  In  this 
case,  two-thirds  of  the  thirty  votes,  twenty  votes,  would  carry  the  bond  proposition, 
instead  of  two-thirds  of  the  forty  votes  cast  on  other  questions.  The  State  Auditor 
registers  bonds  which  receive  two-thirds  of  the  votes  cast  on  question  of  loan. 

Note  that  section  10777  requires  the  notices  to  state  "the  amount  of  the  loan 
required  and  for  what  purposes."  School  boards  and  annual  meetings  sometimes  desire 
to  vote  upon  a  loan  smaller  than  that  stated  in  the  notices.  It  is  evident  that  this 
cannot  be  legally  done.  If  so,  why  require  the  amount  stated  in  the  notices?  Again, 
the  tickets  cast  have  on  them  "Against  the  loan,"  or,  "For  the  loan."  Against  or  for 
what  loan,  if  not  the  one  stated  in  the  notices?  Again,  if  the  proposition  carries,  the 
board  shall  be  vested  with  the  power  to  borrow  money  "to  the  amount  and  for  the 
purpose  specified  in  the  notices  aforesaid."  To  what  amount,  if  not  the  one  stated 
in  the  notices? 

School  boards  should  be  careful  to  observe  the  provisions  of  section  1275,  R.  S. 
1909,  in  negotiation  of  bonds  for  the  purpose  of  building  schoolhouses,  or  for  any 
other  purpose,  in  order  that  the  same  may  obtain  validity.  This  section  requires  that 
the  bond  shall  bear  the  endorsement  of  the  State  Auditor,  who  is  entitled  to  receive 
from  the  board  all  the  necessary  certificates  and  copies  of  record  evidencing  a  full 
compliance  with  the  law  governing  their  issuance,  which  evidence  is  to  be  filed  and 
preserved  in  his  office.  Upon  request  the  State  Auditor  will  furnish  necessary  blanks, 
which  will  enable  the  board  to  carry  out  the  provisions  of  this  section. 

The  State  Superintendent  cannot  furnish  blank  school  bonds.  They  may  be  ob- 
tained from  any  printing  or  stationery  house  dealing  in  official  blanks,  as  George  D. 
Barnard  &  Co.,  August  Gast  &  Co.,  and  Heinicke-Fiegel  Lithographing  Co.,  all  of 
St.  Louis. 

Sec.  10778.  Restrictions  on  loans. — The  loan  authorized  by  the 
preceding  section  shall  not  be  contracted  for  a  longer  period  than  twenty 
years,  and  the  entire  amount  of  said  loan  shall  at  no  time  exceed,  in- 
cluding the  present  indebtedness  of  said  district,  in  the  aggregate 
five  per  cent,  of  the  value  of  the  taxable  property  therein,  to  be  ascer- 
tained by  the  assessment  next  before  the  last  assessment  for  state  and 
county  purposes  previous  to  the  incurring  of  said  indebtedness,  the 
rate  of  interest  to  be  agreed  upon  by  the  parties,  but  in  no  case  to 
exceed  the  highest  legal  rate  allowed  by  contract;  when  effected,  it 
shall  be  the  duty  of  the  directors  to  provide  for  the  collection  of  an 


Revised  School  Laws.  13 

annual  tax  sufficient  to  pay  the  interest  on  said  indebtedness  as  it  falls 
due,  and  also  to  constitute  a  sinking  fund  for  the  payment  of  the  prin- 
cipal thereof  within  the  time  said  principal  shall  become  due.  (R.  S. 
1899,  §  9753,  re-enacted,  L.  1909,  p.  770.) 

When  a  district  authorized  the  issue  of  bonds  in  excess  of  the  five  per  cent,  limit 
recited  in  this  section  and  in  section  12,  article  X  of  Constitution,  all  of  such  issue  is 
void,  notwithstanding  the  district  received  the  proceeds  thereof.  Thornburg  v.  District 
Three,  175  Mo.  12.  When  bonds  are  legally  voted  and  issued  no  subsequent  assent  of 
voters  is  necessary  to  authorize  tax  levy  to  meet  annual  interest  and  create  sinking 
fund  to  pay  such  bonds.  Benton  v.  Scott,  168  Mo.  378;  Evans  v.  West  Plains,  186 
Mo.  703.  The  validity  of  the  organization  of  a  district  cannot  be  raised  by  suit  to 
enjoin  collection  of  taxes,  nor  can  the  payment  of  illegal  taxes  be  resisted  without 
first  paying  or  tendering  such  taxes  as  are  legally  due.  Burnham  v.  Rogers,  167  Mo. 
17  ;  Black  v.  Early,  208  Mo.  281.  A  failure  to  provide  a  sinking  fund  for  payment  of 
bonds  does  not  affect  their  validity.  Bauer  v.  District,  78  A.  442. 

Irregularity  in  the  issuing  of  bonds  cannot  affect  an  innocent  holder.     45  A.  660. 

This  section  imposes  two  restrictions :  First,  as  to  the  period  for  which  the  loan 
may  be  effected;  and,  second,  as  to  the  amount.  The  limitation  on  the  amount  of  the 
loan — five  per  cent,  of  the  value  of  taxable  property — is  a  constitutional  limitation 
(article  X,  section  12  of  Constitution  of  1875).  "The  highest  legal  rate  of  interest 
allowed  by  contract,"  spoken  of  in  this  section,  is  eight  per  cent. 

Sec.  10779.  Renewal  funding  bonds,  issue  of.— The  board  of  di- 
rectors of  any  school  district,  organized  under  any  general  or  special 
law  of  this  state,  is  hereby  authorized  to  issue  funding  and  refund- 
ing bonds  for  the  district,  to  be  exchanged  for  outstanding  bonds  of 
the  district,  or  sold  for  the  purpose  of  meeting  and  paying  any  ma- 
tured or  maturing  bonded  indebtedness  thereof.  Each  bond  shall  be 
of  the  denomination  of  not  more  than  one  thousand  nor  not  less  than 
one  hundred  dollars,  and  shall  bear  interest  not  to  exceed  eight  per 
cent,  per  annum,  and  such  interest  shall  be  payable  semi-annually, 
and  to  this  end  each  bond  shall  have  semi-annual  coupons  attached 
thereto  and  be  made  payable  to  bearer:  Provided,  that  no  bonds  is- 
sued under  this  section  shall  be  payable  in  less  than  five  years  nor 
more  than  thirty  years  from  the  date  thereof,  and  shall  be  payable, 
principal  and  interest,  in  the  city  of  St.  Louis  or  the  city  of  New  York, 
at  the  option  of  the  board  of  directors,  or  as  may  be  agreed  upon  by 
such  board  of  directors  and  the  purchaser  of  such  bonds.  Such  board 
of  directors  shall  be  empowered  to  prepare  and  issue  from  time  to 
time  such  number  of  renewal  bonds  as  may  be  necessary  for  the  ob- 
jects and  purposes  of  this  law,  and  each  bond  shall  be  signed  by  the 
president,  countersigned  by  the  secretary  or  clerk,  and  authenticated 
by  the  seal  of  such  board  of  directors,  if  there  be  one;  and  shall  also 
be  attested  by  the  clerk  of  the  county  court  of  the  county  in  which 
such  district  is  located,  and  he  shall  put  the  seal  of  said  court  on  each 
of  said  bonds.  The  secretary  or  clerk  of  the  board  of  directors  shall 
keep  a  record  in  the  books  of  the  school  district  of  all  the  renewal 
bonds  that  may  be  issued  by  the  board  of  directors  under  the  pro- 
visions of  this  chapter,  noting  the  date  when  issued  and  when  due, 
and  also  the  number  and  amount  of  each  bond  so  issued,  and  shall 
also  keep  a  full  record  of  all  transactions  that  may  be  necessary  for  the 
identification  of  such  bonds.  (R.  S.  1899,  §  9754,  amended,  L.  1909, 
p.  770.) 


14  Revised  School  Laws. 

This  section  applies  to  the  bonds  legally  issued  by  district  organized  under  special 
law.  The  St.  Joseph,  etc.,  v.  Gaylord,  86  Mo.  401.  If  there  be  unpaid  interest  on  origi- 
nal bonds  new  bonds  may  be  issued  to  cover  both  principal  and  interest  of  such  old 
bonds.  Bauer  v.  District,  78  A.  442. 

School  board  has  authority  to  issue  bonds  to  raise  money  to  build  schoolhouse ; 
also  to  issue  renewal  refunding  bonds.  86  Mo.  401. 

Sec.  10780.  Exchange  and  sale  of  funding  bonds— no  commission 
allowed. — Boards  of  directors  are  empowered  to  exchange  the  afore- 
said bonds  for  any  bonds  that  may  now  be  outstanding  against  any  school 
district  so  indebted;  but  no  renewal  bonds  shall  be  exchanged  for  any 
outstanding  bond  for  a  sum  less  than  ninety  cents  on  the  dollar  of 
its  face  value.  Said  boards  of  directors  shall  also  be  empowered  to 
sell  such  renewal  bonds  for  cash  if,  in  their  judgment,  it  will  be  to 
the  interest  of  such  school  district;  but  no  commission  shall  be  allowed 
or  cost  incurred  in  the  exchange  or  sale  of  said  bonds  which  will  reduce 
the  net  proceeds  of  the  same  to  a  less  amount  than  ninety  cents  on  the 
dollar,  and  all  sums  of  money  realized  from  the  sale  of  said  renewal 
bonds  shall  be  used  in  the  redemption  of  outstanding  bonds  of  the  school 
district.  (R.  S.  1899,  §  9755,  amended,  L.  1909,  p.  770.) 

Payment  of  a  commission  which  reduced  net  proceeds  below  90  cents  on  dollar  is 
illegal,  but  does  not  render  bonds  void.  The  Franklin,  etc.,  v.  Roscoe,  75  Mo.  408. 

Sec.  10781.  Redeemed  bonds  to  be  destroyed. — Whenever  any 
bonds  shall  be  redeemed,  as  provided  for  in  this  chapter,  such  bonds 
shall  be  burned  in  the  presence  of  a  majority  of  the  members  of  the 
board  of  directors,  and  two  other  credible  persons  as  witnesses  of  the 
fact,  and  the  secretary  or  clerk  of  the  board  of  directors  shall  record  in 
the  books  of  the  school  district  a  description  of  the  bonds  so  destroyed 
by  noting  the  date  when  issued  and  when  due,  and  the  number  and 
amount  of  each  of  said  bonds,  and  specify  what  members  of  the  board 
of  directors,  and  who  as  witnesses,  were  present  at  the  burning  of 
said  bonds.  (R.  S.  1899,  §  9756,  amended,  L.  1909,  p.  770.) 

When  bonds  payable  to  bearer  are  redeemed  before  maturity  and  instead  of  burn- 
ing same  the  board  allows  them  to  remain  in  hands  of  its  agent,  who  fraudulently 
sells  them  to  an  innocent  purchaser,  the  district  will  have  to  pay  them  again.  Fogg 
v.  District,  75  A.  159. 

Bonds  due  in  twenty  years,  but  redeemable  after  five  years,  are  negotiable.  75 
A.  159. 

Sec.  10782.  Tax  levy  for  sinking  fund. — Boards  of  directors  are 
hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax,  not  to  ex- 
ceed two-fifths  of  one  per  cent.,  upon  all  the  taxable  property  of  the 
school  district  at  its  assessed  valuation,  said  tax  to  be  levied  and  col- 
lected in  the  same  manner  as  other  taxes  for  school  purposes;  and 
the  money  arising  from  said  tax  shall  constitute  a  sinking  fund,  and 
shall  be  used  only  for  the  redemption  of  any  outstanding  bonds  of 
such  district:  Provided,  that  if  such  outstanding  bonds  cannot  be 
obtained,  then  such  money  shall  be  invested  in  United  States  bonds 
or  bonds  of  the  state  of  Missouri,  or,  if  at  any  time  the  board  of  di- 
rectors deem  it  advisable,  they  may  loan  such  money  at  the  same  rate  of 
interest  and  in  the  same  manner  and  subject  to  the  same  restrictions  as 
to  security  as  the  township  school  funds  are  loaned,  until  such  time  as 


Revised  School  Laws.  15 

said  outstanding  bonds  can  be  obtained.  (E.  S.  1899,  §  9757,  amended, 
L.1909,  p.  770.) 

When  bonds  are  legally  issued  no  vote  of  district  is  necessary  to  authorize  the  tax 
estimates  for  annual  interest  and  for  sinking  funds.  K.  C.,  F.  S.  &  M.  R.  R.  Co.  v. 
Chapin,  162  Mo.  409;  Benton  v.  Scott  168  Mo.  378;  Evans  v.  West  Plains,  186  Mo.  203. 
Illegal  taxes  cannot  be  resisted  without  paying  such  taxes  as  are  legal.  Black  v. 
Early,  208  Mo.  281. 

Sec.  10783.  Tax  levy  for  annual  interest.— Boards  of  directors  are 
hereby  authorized  to  make  an  estimate  for  the  levy  of  a  tax  upon  all 
the  taxable  property  of  the  school  district  at  its  assessed  valuation, 
said  tax  to  be  levied  and  collected  as  other  taxes  for  school  purposes — 
said  tax  to  be  sufficient  in  amount  to  pay  the  annual  interest  on  all  bonds 
of  their  respective  districts,  and  to  pay  for  the  printing  or  engraving  of 
any  bonds  that  may  be  issued  by  virtue  of  this  chapter.  (R.  S.  1899,  § 
9758?  amended,  L.  1909,  p.  770.) 

All  cases  cited  under  section  10782    apply  to  this  section. 

Officers  of  corporation  in  possession  of  their  offices  are  presumed  to  be  regularly 
elected  and  entitled  to  hold  until  contrary  be  shown.  44  Mo.  154.  A  person  derives 
his  title  to  an  office  by  his  election.  44  Mo.  223.  Official  character  of  school  directors, 
how  proven.  27  Mo.  251. 

Sec.  10784.     Care  of  property  and  purchase  of  material. — The 

board  of  directors  shall  have  the  care  and  keeping  of  all  the  property  be- 
longing to  the  district,  and  shall  provide  the  necessary  globes,  maps, 
charts,  apparatus  and  material  for  the  use  of  the  school.  The  board 
shall  keep  the  schoolhouse  and  other  buildings  in  good  repair,  the 
grounds  belonging  thereto  in  good  condition,  and  shall  provide  fuel, 
heating  apparatus  and  all  other  material  and  appliances  necessary  for 
the  proper  heating,  lighting,  ventilation  and  sanitation  of  the  school 
house ;  shall  have  the  floors  swept  and  the  fires  made  at  the  expense  of 
the  district,  and  cause  an  accurate  account  of  the  expense  thereof  to  be 
kept  and  a  report  of  the  same  to  be  made  at  the  next  annual  meeting. 
The  board  of  directors  shall  not  allow  the  use  of  the  schoolhouse  or  school 
premises  for  religious,  literary  or  other  public  purposes,  or  for  the 
meeting  of  any  farmer  or  labor  organization,  secret  or  otherwise,  except 
when  such  use  shall  be  demanded  by  a  majority  of  the  voters  of  the  dis- 
trict at  any  annual  or  special  meeting :  Provided,  that  when  the  use  of 
the  schoolhouse  and  school  premises  is  allowed  for  the  above  named  pur- 
poses, they  may  be  so  used  until  the  next  annual  meeting,  and  it  shall  be 
the  duty  of  the  person  or  persons  so  using  them  to  keep  them  clean  and 
in  good  repair,  and  to  leave  them  in  as  good  condition  as  they  were  when 
they  took  charge  of  them :  Provided  further,  that  should  the  person  or 
persons  so  using  the  schoolhouse  and  school  premises  fail  to  comply  with 
the  provisions  of  this  section,  the  board  of  directors  of  such  district  may 
refuse  further  use  of  them  until  said  provisions  are  complied  with.  (R. 
S.  1899,  §  9763,  amended,  L.  1909,  p.  770.) 

In  making  contract  for  the  district  the  board  must  strictly  follow  the  statute.  If 
the  contract  is  not  in  writing  no  recovery  can  be  had  for  services  rendered  or  materials 
furnished  under  same.  The  teacher  cannot  bind  the  district  for  services  of  a  janitor, 
and  all  contracts  made  with  the  directors  when  not  assembled  as  a  board  are  void. 
Taylor  v.  District,  60  A.  372;  Kane  v.  Calhoun,  48  A.  408;  State  ex  rel.  v.  Law- 


16  Revised  School  Laws. 

rence,  178  Mo.  350.  The  proceedings  of  board  at  a  meeting  held  outside  of  the  district 
are  void.  State  ex  rel.  v.  Kessler,  136  A.  236. 

The  district  will  not  be  bound  by  an  entry  on  its  records  showing  the  acceptance 
of  a  written  proposition  unless  such  record  shows  the  proposition  was  accepted  In  the 
form  it  was  made.  Perkins  v.  District,  99  Mo.  483.  See  section  2778,  requiring  all 
contracts  by  districts  to  be  in  writing. 

Where  furniture  of  school  district  remains  in  schoolhouse  and  the  key  in  posses- 
sion of  the  trustees,  they  are  in  possession  of  the  schoolhouse.  27  Mo.  251.  Board  of 
directors  cannot  authorize  schoolhouse  to  be  used  for  purpose  of  teaching  a  Sunday 
school.  67  Mo.  301.  Directors  acting  separately  and  apart  cannot  bind  district.  67  Mo. 
319.  Acts  of  directors  to  bind  corporations  must  be  done  in  their  official  capacity.  26 
Mo.  102.  Proceedings  of  board  of  school  directors  must  be  shown  by  their  record.  48 
A.  408.  No  action  can  be  maintained  against  school  district  upon  an  order  drawn  upon 
treasurer  by  one  or  more  of  the  directors  of  the  district.  67  Mo.  319.  By  this  section 
the  board  has  full  care  of  the  school  buildings  and  all  other  property  belonging  to  the 
district,  and  is  empowered  and  directed  to  provide  all  necessary  supplies,  keep  the  house 
in  good  repair  and  cause  the  floors  to  be  cleaned  and  fires  made  at  the  expense  of  the 
district.  Under  supplies  the  board  may  purchase  out  of  the  incidental  funds  a  small 
amount  of  supplementary  reading  which  is  as  necessary  to  the  success  of  the  school 
as  blackboards  and  crayons,  and  more  necessary  than  maps  and  charts. 

In  exercising  their  right  to  enter  into  contracts  binding  upon  the  district,  the 
board  of  directors  is  confined  to  the  manner  and  the  conditions  required  by  the  terms 
of  the  statute.  The  purpose  of  these  requirements  Is  that  the  terms  of  the  contract 
shall  in  no  essential  particular  be  left  in  doubt,  or  to  be  determined  at  some  other 
time.  If  a  person  can,  without  such  contract,  bind  the  district  impliedly  for  the  value 
of  his  services,  he  would  defeat  the  purpose  of  the  legislature  in  enacting  the  law. 

The  law  will  not  make  that  valid  without  writing  which  it  requires  to  be  in  writ- 
ing. 30  A.  456. 

"No  power  exists  in  the  board  of  school  directors  to  rent  buildings  or  rooms 
separate  from  the  schoolhouse  and  employ  a  teacher  for  a  supplementary  school 
therein."  50  A.  39. 

Boards  of  school  directors  should  be  careful  to  see  that  the  provisions  of  this 
section  are  properly  complied  with  when  the  school  building  is  allowed  to  be  used  for 
other  than  school  purposes,  for  fear  of  vitiating  their  Insurance. 

Board  of  directors  has  right  under  certain  circumstances  to  reject  any  and  all 
bids,  and  no  action  for  damages  arises.  122  Mo.  61. 

Sec.  10785.    Rules  and  regulations — admission  of  nonresidents. — 

The  board  shall  have  power  to  make  all  needful  rules  and  regulations 
for  the  organization,  grading  and  government  in  their  school  district — 
said  rules  to  take  effect  when  a  copy  of  the  same,  duly  signed  by  order 
of  the  board,  is  deposited  with  the  district  clerk,  whose  duty  it  shall 
be  to  transmit  forthwith  a  copy  of  the  same  to  the  teachers  employed 
in  the  schools;  said  rules  may  be  amended  or  repealed  in  like  manner. 
They  shall  also  have  the  power  to  suspend  or  expel  a  pupil  for  con- 
duct tending  to  the  demoralization  of  the  school,  after  notice  and  a 
hearing  upon  charges  preferred,  and  may  admit  pupils  not  residents 
within  the  district,  and  prescribe  the  tuition  fee  to  be  paid  by  the 
same:  Provided,  that  the  following  children,  if  they  be  unable  to  pay 
tuition,  shall  have  the  privilege  of  attending  school  in  any  district  in 
this  state  in  which  they  may  have  a  permanent  or  temporary  home: 
First,  orphan  children;  second,  children  bound  as  apprentices;  third, 
children  with  only  one  parent  living,  and  fourth,  children  whose  parents 
do  not  contribute  to  their  support :  Provided  further,  that  any  person 
paying  a  school  tax  in  any  other  district  than  that  in  which  he  resides 
shall  be  entitled  to  send  his  or  her  children  to  school  in  the  district  in 


Revised  School  Laws.  17 

which  such  tax  is  paid  and  receive  credit  on  the  amount  charged  for 
tuition  to  the  extent  of  such  school  tax.  (R.  S.  1899,  §  9764,  amended, 
L.  1909,  p.  770.) 

When  the  board  fails  to  make  rules  for  government  of  school,  the  teacher  may 
make  such  rules  as  are  reasonable  and  necessary  and  enforce  them.  He  may  prohibit 
pupils  from  quarreling  or  fighting  in  going  to  and  from  school,  and  may  prescribe  the 
course  of  study  when  no  other  lawful  authority  has  done  so.  Deskins  v.  Gose,  85  Mo. 
485  ;  State  ex  rel.  v.  Millsap,  130  Mo.  683.  A  rule  prescribed  by  board  that  a  pupil 
who  is  absent  six  half  days  in  four  weeks,  without  satisfactory  excuse,  shall  be  expelled, 
is  reasonable.  King  v.  Board,  71  Mo.  628.  Likewise  a  rule  made  while  smallpox  is 
prevalent,  excluding  pupils  who  have  not  been  vaccinated.  State  ex  rel.  v.  Cole,  220 
Mo.  697. 

Though  no  rules  have  been  made,  the  board  may,  after  examination  and  hearing, 
expel  a  pupil  who  defies  the  teacher  and  intentionally  tries  to  demoralize  the  school 
by  swearing,  fighting,  or  other  obnoxious  and  filthy  conduct.  State  ex  rel.  v.  Hamilton. 
42  A.  24.  The  board  cannot  control  the  conduct  of  pupils  after  they  return  home,  and 
a  rule  prohibiting  them  from  attending  social  parties  is  illegal.  Dritt  v.  Snodgrass. 
66  Mo.  286.  Non-resident  parent  cannot,  by  mandamus,  compel  board  to  give  him 
credit  on  tuition  of  his  children  with  taxes  paid  in  district.  He  should  pay  or  tender 
any  balance  due  the  district,  and  then  if  his  children  are  refused  admittance,  bring 
his  action  of  mandamus  to  secure  their  admittance.  State  ex  rel.  v.  Clark,  18  A.  531. 

A  minor  who  is  neither  an  orphan  nor  an  apprentice  and  whose  parents  reside 
without  the  school  district  is  not  entitled  to  attend  the  public  school  without  paying 
tuition  fee,  although  having  a  home  more  or  less  permanent  in  the  district.  30  A.  285. 

By  this  section  boards  of  school  directors  are  empowered  to  adopt  needful  and 
reasonable  rules  for  the  grading  and  government  of  the  schools  in  their  district.  In 
the  absence  of  rules  being  furnished  by  the  board,  the  teacher  may  adopt  such  rules 
and  punish  pupils  for  infractions  of  same.  The  board  should  see  that  the  official  course 
of  study  adopted  by  county  superintendent  is  followed.  In  this  way  may  system 
and  uniformity  be  secured. 

The  power  to  suspend  or  expel  a  pupil  belongs  exclusively  to  the  board  of  di- 
rectors. Before  this  power  can  be  exercised  the  accused  must  be  furnished  a  copy  of 
the  charges  preferred  and  be  granted  an  opportunity  to  defend  himself  against  such 
charges. 

This  section  provides  that  children  whose  parents  do  not  contribute  to  their  sup- 
port may  attend  school  without  payment  of  tuition  in  any  district  in  which  such 
children  may  find  a  permanent  or  temporary  home. 

The  board  is  authorized  to  admit  non-resident  pupils  and  prescribe  the  tuition 
to  be  paid  by  same,  and  the  board  may  admit  to  the  schools  persons  over  twenty  years 
of  age  on  payment  of  tuition,  just  as  non-residents  are  admitted. 

Where  a  person  residing  in  one  school  district  sends  to  school  in  another  district 
in  which  he  pays  a  school  tax,  how  to  obtain  credit  on  tuition.  18  A.  523.  Courts 
have  no  power  to  prescribe  what  shall  or  shall  not  be  taught  in  the  public  schools. 
The  term  common  school  means  schools  open  and  public  to  all,  rather  than  of  a 
definite  grade.  7  A.  566  ;  77  Mo.  484. 

A  resident  of  a  school  district  is  not  entitled  to  attend  the  public  schools  of  the 
district  unless  he  is  within  the  age  limited  by  the  Constitution,  namely,  between  the 
ages  of  six  and  twenty  years.  61  A.  407. 

Coming  temporarily  within  a  district  to  reside  during  the  scholastic  year,  for 
the  purpose  of  sending  children  to  the  scchool  of  that  district,  is  not  allowable,  and 
the  party  so  doing  is  not  entitled  to  free  tuition.  84  A.  140. 

A  teacher  has  the  right  to  inflict  reasonable  punishment  for  misconduct  by  whip- 
ping. It  must  be  administered  for  a  salutary  purpose  to  maintain  the  discipline  and 
efficiency  of  the  school.  There  is  no  such  thing  as  reasonable  punishment  from  a 
malicious  motive.  88  A.  354. 

There  is  no  conflict  between  this  section  and  section  10933.  The  county  superin- 
tendent shall  "adopt"  the  course  of  study  for  use  in  schools  under  his  supervision,  and 
shall  require  the  same  to  be  used. 

SLr—  2 


18  Revised  School  Laws. 

Sec.  10786.  Contagious  diseases  among  pupils. — It  shall  be  un- 
lawful for  any  child  to  attend  any  of  the  public  schools  of  this  state  while 
afflicted  with  any  contagious  or  infectious  disease,  or  while  liable  to 
transmit  such  disease  after  having  been  exposed  to  the  same.  For  the 
purpose  of  determining  the  diseased  condition,  or  the  liability  of  trans- 
mitting such  disease,  the  teacher  or  board  of  directors  shall  have  power 
to  require  any  child  to  be  examined  by  a  physician  or  physicians,  -and 
to  exclude  such  child  from  school  so  long  as  there  is  any  liability  of 
such  disease  being  transmitted  by  the  same.  A  refusal  on  the  part 
of  the  parent  or  guardian  to  have  an  examination  made  by  a  physician  or 
physicians,  at  the  request  of  the  teacher  or  board  of  directors,  will 
authorize  the  teacher  or  board  of  directors  to  exclude  such  child  from 
school;  and  any  parent  or  guardian  who  shall  persist  in  sending  a 
child  to  school,  after  having  been  examined  as  provided  by  this  sec- 
tion, and  found  to  be  afflicted  with  any  contagious  or  infectious  dis- 
ease, or  liable  to  transmit  the  same,  or  after  having  refused  to  have 
such  child  examined  as  herein  provided,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  punished  by  a  fine  of  not 
less  than  five  nor  more  than  one  hundred  dollars.  (R.  S.  1899,  §  9765, 
re-enacted,  L.  1909,  p.  770.) 

When  smallpox  exists  in  the  neighborhood  of  school,  board  may  exclude  pupils 
who  refuse  to  be  vaccinated.  In  re  Rebeneck,  62  A.  8;  State  ex  rel.  v.  Cole,  220  Mo. 
697. 

Schools  cannot  be  closed  on  account  of  contagious  diseases  unless  ordered  by 
board  of  health,  or  on  agreement  of  both  parties  to  the  contract. 

Sec.  10787.  Employment  of  teachers.— The  board  shall  have 
power,  at  a  regular  or  special  meeting,  to  contract  with  and  employ 
legally  qualified  teachers  for  and  in  the  name  of  the  district;  all  special 
meetings  shall  be  called  by  the  president  and  each  member  notified  of  the 
time,  place  and  purpose  of  the  meeting.  The  contract  shall  be  made 
by  order  of  the  board;  shall  specify  the  number  of  months  the  school 
is  to  be  taught  and  the  wages  per  month  to  be  paid;  shall  be  signed 
by  the  teacher  and  the  president  of  the  board,  and  attested  by  the  clerk 
of  the  district  when  the  teacher's  certificate  is  filed  with  said  clerk,  who 
shall  return  the  certificate  to  the  teacher  at  the  expiration  of  the  term. 
The  certificate  must  be  in  force  for  the  full  time  for  which  the  contract  is 
made.  The  board  shall  not  employ  one  of  its  members  as  teacher,  nor 
shall  the  teacher  serve  as  clerk  of  the  district.  All  transactions  of  the 
board  under  this  section  must  be  recorded  by  and  filed  with  the  district 
clerk.  (R.  S.  1899,  §  9766,  re-enacted,  L.  1909,  p.  770.) 

The  directors  have  no  power  to  hire  a  teacher  until  they  are  assembled  as  a  board. 
Pugh  v.  District,  114  A.  688.  When  all  members  of  a  board  are  present,  whether  the 
meeting  is  upon  notice  or  by  accident,  they  may  lawfully  hire  teachers  and  transact 
other  business,  and  their  failure  to  make  and  preserve  minutes  of  their  proceedings 
does  not  render  their  acts  illegal.  Decker  v.  District,  101  A.  115;  Hibbard  v.  Smith, 
135  A.  721.  Failure  of  clerk  to  attest  contract,  or  failure  to  deposit  same  with  clerk, 
does  not  render  it  void.  McShane  v.  District,  70  Mo.  624  ;  Hibbard  v.  District,  135  A. 
721.  If  contract  is  illegal  the  fact  that  it  appears  regular  on  its  face  and  was  re- 
corded by  the  clerk  does  not  prevent  the  district  from  disputing  its  legality.  Pugh  v. 
District,  114  A.  688.  When  a  majority  of  board  duly  assembled  by  their  record  au- 
thorize the  president  and  clerk  to  sign  contract  with  a  teacher  the  district  cannot 


Revised  School  Laws.  19 

enjoin  her  from  teaching  simply  because  the  president  of  board  failed  to  perform  his 
duty  in  refusing  to  sign  the  contract.  School  District  v.  Edmondson,  50  A.  65.  When 
new  directors  are  elected  and  qualified,  the  old  directors  have  no  power  to  hire  a. 
teacher.  Loomis  v.  Coleman,  51  Mo.  21.  When  a  contract  is  produced,  signed  by  all 
three  of  directors,  the  burden  of  showing  it  is  invalid  rests  upon  the  district.  Arm- 
strong v.  District,  28  A.  169.  Directors  are  not  liable  for  slander  or  libel  when  they, 
for  reasonable  cause,  and  in  good  faith,  file  charges  against  teacher  with  superin- 
tendent, although  such  charges  be  withdrawn  before  a  hearing.  Emily  v.  Steeler,  159 
Mo.  299. 

Members  of  school  board  wantonly  obstructing  a  teacher  in  the  discharge  of  his 
duty  are  individually  liable  therefor.  55  Mo.  149;  98  App.  163.  An  order  of  school 
board  entered  of  record  to  employ  teacher  will  be  sufficient  to  constitute  contract, 
though  no  written  contract  be  entered  into  if  teacher  renders  service  thereunder.  63 
Mo.  137;  see  28  A.  169.  School  board  has  no  power  to  discharge  teacher,  but  when 
his  certificate  is  revoked  he  is  disqualified  from  further  teaching  in  public  schools  In 
that  county.  78  Mo.  226;  19  A.  462.  Not  necessary  tnat  teacher  have  certificate  that 
reaches  to  end  of  term,  for  which  she  is  employed,  provided  that  during  the  term  she 
has  proper  certificate.  50  A.  65.  See,  also,  135  A.  721. 

The  employment  of  teachers  is  one  of  the  powers  vested  exclusively  in  the  board 
of  directors.  In  some  districts  the  voters  attempt  to  dictate  by  a  vote  who  shall  be 
employed  as  teacher,  or  the  wages  to  be  paid.  There  is  no  authority  for  a  vote  upon 
either  proposition ;  therefore,  the  board  is  not  bound  by  such  action.  A  teacher  may  be 
employed  at  either  a  regular  or  special  meeting  of  the  board.  Regular  meetings  of  the 
board  are  those  held  at  stated  times,  and  it  is  the  duty  of  each  member  of  the  board 
to  attend  such  meeting  without  notice.  Special  meetings  of  the  board  should  be  called 
by  the  president,  each  member  being  notified  of  the  time,  place  and  purpose  of  the 
meeting,  but  in  the  event  of  his  failure  to  call  such  meeting  when  the  business  of  the 
district  requires  that  a  meeting  shall  be  held,  the  meeting  may  be  called  by  the  other 
members  of  the  board  and  the  president  notified  of  the  time,  place  and  purpose  of  the 
meeting. 

When  a  teacher  has  been  elected,  the  district  record  should  show  the  name  of  the 
teacher,  the  number  of  months  the  school  is  to  be  taught,  and  the  wages  per  month  to 
be  paid.  An  order  should  also  be  entered  directing  the  president  and  clerk  to  enter 
into  written  contract  with  the  teacher.  It  then  becomes  the  duty  of  the  president  of 
the  board  to  sign  such  contract,  and  he  may  be  removed  from  office  for  a  refusal  to 
do  so.  Upon  two  points  the  law  specifically  requires  that  the  contract  shall  be  definite ; 
the  number  of  months  the  school  is  to  be  taught  and  the  wages  per  month  to  be  paid. 
A  contract  for  five  months,  or  longer,  provided  there  is  sufficient  money  to  maintain 
a  longer  term,  is  only  valid  for  five  months.  In  some  districts  a  contract  is  made  with 
the  teacher  at  so  much  per  month  and  whatever  tuition  he  may  collect.  This  is  a  plain 
violation  of  law.  The  tuition  fees  must  be  collected  and  turned  into  the  treasury  to 
the  credit  of  the  teachers'  fund. 

Complaint  is  sometimes  made  by  teachers  that  they  have  been  regularly  em- 
ployed, the  district  record  showing  such  employment,  but  that  through  some  neglect 
the  contract  was  not  drawn,  and  the  members  of  the  board  having,  for  some  reason, 
changed  their  minds,  rescind  their  former  action  and  employ  another  teacher.  This 
is  an  injustice  to  the  person  first  employed,  but  he  has  no  remedy,  as  the  contract  is 
not  binding  on  the  district  until  it  is  made  in  writing  and  signed.  However,  should 
the  teacher  perform  services  for  the  district  he  may  recover  compensation  for  such 
services,  even  though  no  written  contract  existed. 

A  contract  for  the  employment  of  a  teacher  may  be  recovered  upon,  though  not 
in  writing,  if  service  has  been  rendered.  63  Mo.  137.  A  teacher  does  not  forfeit  any 
right  under  his  contract,  or  under  the  law,  by  failing  to  make  monthly  reports,  when  by 
action  of  the  directors  the  school  has  been  closed.  30  A.  113  ;  28  A.  169  ;  see  24  A.  213. 
Must  teach  in  district  schoolhouse.  30  A.  641. 

In  absence  of  evidence  that  meeting  was  not  regularly  called,  it  will  be  presumed 
the  meeting  was  regular.  59  A.  580. 


20  Revised  School  Laws. 


FORM  FOR  TEACHER'S  CONTRACT. 

This  agreement,  made  the day  of ,  191—,  between ,  a  legally  quali- 
fied public  school  teacher,  of  the  first  part,  and  the  school  board  of  district  No.  , 

county  of  ,  and  State  of  Missouri,  of  the  second  part. 

Witnesseth :     That  the  said  —   —  agrees  to  teach  the  public  school  of  said  district 

for  the  term  of  months,  commencing  on  the  ' day  of  ,  19 — ,  for  the  sum 

of dollars  per  month,  to  be  paid  monthly,  and  that  for  services  properly  rendered 

and  reports   correctly  made  according  to  law,   said  board  agrees  to  issue  a  warrant 

upon  the  treasurer,  in  favor  of  the  said  ,  for  the  amount  of  wages  due  under 

this  agreement. 

Done  by  order  of  the  board,  this  day  of  ,  191 — . 

,  Teacher. ,  President. 

Attest:    ,  District  Clerk. 

§ec.  10788.  Contract  construed. — The  contract  required  in  the 
preceding  section  shall  be  construed  under  the  general  law  of  contracts, 
each  party  thereto  being  equally  bound  thereby.  Neither  party  shall 
suspend  or  dismiss  a  school  under  said  contract  without  the  consent  of 
the  other  party.  The  board  shall  have  no  power  to  dismiss  a  teacher; 
but  should  the  teacher's  certificate  be  revoked,  said  contract  is  thereby 
annulled.  The  faithful  execution  of  the  rules  and  regulations  furnished 
by  the  board  shall  be  considered  as  part  of  said  contract:  Provided, 
said  rules  and  regulations  are  furnished  to  the  teacher  by  the  board 
when  the  contract  is  made.  Should  the  teacher  fail  or  refuse  to  comply 
with  the  terms  of  the  contract  or  to  execute  the  rules  and  regulations  of 
the  board,  the  board  may  refuse  to  pay  said  teacher — after  due  notice, 
in  writing,  is  given  by  order  of  the  board — until  compliance  therewith  is 
rendered.  Should  the  schoolhouse  be  destroyed,  the  contract  becomes 
void.  (R.  S.  1899,  §  9767,  re-enacted,  L.  1909,  p.  770.) 

The  district  ia  not  liable  for  wages  of  teacher  after  schoolhouse  is  destroyed. 
Hall  v.  District,  24  A.  213.  The  board  cannot  close  the  school  before  the  end  of  term 
because  not  enough  funds  have  been  collected  to  pay  the  teachers.  Rudy  v.  District, 
30  A.  113.  Teacher  cannot  be  deprived  of  his  wages  for  failing  to  carry  out  a  rule 
of  which  he  was  not  notified.  Perkins  v.  District,  61  A.  512.  The  board  has  no  power 
to  discharge  a  teacher  but  for  immorality  or  other  improper  conduct.  The  county  super- 
intendent may,  after  due  notice  and  hearing,  revoke  his  certificate,  which  would  ter- 
minate his  right  to  teach.  Arnold  v.  District,  78  Mo.  226;  Oakes  v.  District,  98  A.  162. 

School  may  be  dismissed  and  closed  before  end  of  contract  term  by  agreement  of 
teacher  and  directors.  59  A.  580. 

Each  party,  the  teacher  on  the  one  hand  and  the  board  on  the  other,  is  equally 
bound  by  the  contract.  This  fact  cannot  be  too  strongly  impressed  upon  the  parties  to 
the  contract.  A  board  of  directors  cannot  exercise  too  much  care  in  the  selection  of  a 
teacher,  for  when  the  contract  is  completed  it  cannot  be  abrogated  except  by  having 
the  teacher's  certificate  revoked  by  the  county  superintendent,  as  provided  in  section 
10944.  Conditions  over  which  neither  party  has  control  may,  however,  have  the  effect 
of  abrogating  the  contract ;  for  instance,  closing  of  school  by  board  of  health,  burning 
of  schoolhouse,  etc. 

Faithful  compliance  with  the  rules  and  regulations  furnished  by  the  board  is 
made  part  of  the  contract.  Necessary  rules  and  regulations  for  the  government  of  the 
school  should  be  adopted  by  every  board  of  directors,  and  a  copy  of  such  rules  fur- 
nished the  teacher  at  the  time  of  entering  into  contract.  A  person  entering  into  a 
contract  with  a  school  district,  through  its  directors,  must,  at  his  peril,  take  notice  of 
the  limited  powers  of  the  directors,  and  if  he  enters  into  a  contract  with  them  in 
excess  of  their  powers,  no  recovery  can  be  had  by  him  thereon.  30  A.  113.  The  power 
of  a  board  of  directors  with  reference  to  expenditures  is  limited  to  the  income  provided 


Revised  School  Laws.  21 

for  the  current  year.  Therefore,  a  teacher  should  inform  himself  before  entering  into 
contract  as  to  amount  of  revenue  provided  for  teachers'  wages,  as  he  can  collect  no 
greater  amount  than  that  provided.  Note  the  difference,  however,  between  "revenue 
provided"  and  "revenue  collected."  When  the  levy  for  school  purposes  is  made,  the 
revenue  is  said  to  be  "provided."  Warrants  may  be  drawn  against  the  revenue  pro- 
vided whether  it  is  collected  during  the  school  year  or  not. 

Teacher  need  not  have  certificate  when  contract  is  made.  Must  hold  certificate 
while  teaching.  Contract  requiring  special  examination  of  teacher,  nugatory.  Services 
under  contract  must  be  rendered  during  school  year.  93  A.  254. 

Sec.  10789.  Visitation  of  schools. — It  shall  be  the  duty  of  the 
board  to  visit  the  schools  under  their  care,  examine  into  their  condition 
and  the  progress  of  the  pupils,  advise  and  consult  with  the  teachers,  and 
to  exercise  such  supervision  as  will  best  promote  the  interest  of  the 
schools.  (B.  S.  1899,  §  9768,  re-enacted,  L.  1909,  p.  770.) 

No  member  of  a  school  board  should  feel  that  he  has  discharged  his  duty  until 
he  has  visited  the  school  at  least  two  or  three  times.  Such  visits  encourage  and  stimu- 
late both  pupils  and  teacher.  Only  in  this  manner  is  it  possible  for  members  of  the 
board  to  make  themselves  familiar  with  the  management  of  the  school. 

Sec.  10790.  Enumeration  lists. — The  board  of  directors  of  each 
district  shall,  between  the  thirtieth  day  of  April  and  the  fifteenth  day  of 
May  of  each  year,  take,  or  cause  to  be  taken,  and  forwarded  to  the 
county  clerk,  an  enumeration  of  the  names  of  all  persons  over  six  and 
under  twenty  years  of  age,  resident  within  the  district,  designating 
male  and  female,  white  and  colored,  and  age  of  each,  together  with 
the  full  name  of  the  parent  or  guardian  of  each  child  enumerated; 
and  also  an  enumeration  of  all  blind  and  deaf  and  dumb  persons  of 
school  age,  resident  within  the  district,  designating  male  and  female, 
white  and  colored,  and  age  of  each,  together  with  the  full  name  of 
the  parent  or  guardian  of  each  of  such  children  so  enumerated,  and 
their  postoffice  address,  which  said  enumerations  shall  be  subscribed 
and  sworn  to;  and  any  parent  or  guardian  who  shall  knowingly  fur- 
nish to  any  enumerator  the  name  of  any  child  who  is  under  six  or 
over  twenty  years  of  age,  or  who  is  a  non-resident  of  the  district, 
shall  be  guilty  of  a  misdemeanor,  and  any  enumerator  who  shall  know- 
ingly return  a  false  enumeration  shall  be  deemed  guilty  of  a  misde- 
meanor and  punishable  by  a  fine  not  to  exceed  one  hundred  dollars; 
and  should  the  board  neglect  or  refuse  to  comply  with  the  provisions 
of  this  section,  such  district  shall  forfeit  its  right  to  any  portion  of 
the  public '  funds  for  the  next  ensuing  school  year :  Provided,  that 
the  board  of  directors  of  any  city  having  more  than  fifty  thousand 
inhabitants  may  relieve  itself  of  the  duty  aforesaid  four  times  to  every 
period  of  five  years  by  passing  a  resolution  each  year  adopting  the  last 
enumeration  therein  made  as  its  enumeration  of  persons  of  school 
age  in  said  city  for  such  year,  and  thereupon  such  last  enumeration 
shall  be  deemed  returned  and  taken  as  its  enumeration  for  such  year 
for  all  purposes  under  this  chapter.  The  county  clerk  of  each  county 
shall  certify  to  the  superintendent  of  the  school  for  the  deaf  and  dumb 
at  Fulton,  as  soon  as  convenient  after  he  receives  the  enumeration  lists, 
the  names  of  all  deaf  and  dumb  persons  of  school  age  in  his  county, 
giving  name,  age,  sex  and  color,  and  the  name  and  postoffice  address  of 
parent  or  guardian  of  such  persons,  and  to  the  superintendent  of  the 


22  Revised  School  Laws. 

school  for  the  blind  in  St.  Louis  the  names  of  all  blind  persons  of  school 
age  in  his  county,  giving  name,  age,  sex  and  color,  and  the  name  and 
postoffice  address  of  parent  or  guardian  of  such  persons.  (R.  S.  1899,  § 
9770,  amended,  L.  1909,  p.  770.) 

Historical  Note — That  part  of  section  10932  which  requires  the  county  superin- 
tendent to  receive  and  approve  enumeration  lists  is  probably  repealed  by  this  section, 
which  requires  such  lists  to  be  forwarded  to  county  clerk.  The  bill  creating  section 
10932  was  approved  March  15,  1909,  while  the  bill  which  amended  section  10790  was 
passed  May  13,  1909,  and  approved  June  1,  1909.  (Laws  1909,  pp.  770,  822.)  How- 
ever, it  will  no  doubt  be  agreeable  to  the  county  clerk  for  the  superintendent  to  re- 
ceive and  pass  upon  enumeration  lists  and  estimates  and  then  file  them  with  him,  as 
provided  in  section  10932.  The  district  clerk  is  not  required  to*  enumerate  children 
who  are  absent  and  whom  he  honestly -believes  have  moved  away  from  the  district. 
State  ex  rel.  v.  Smith,  64  A.  313.  When  clerk  intentionally  makes  a  false  enumeration 
showing  less  than  fifteen  colored  children  in  district,  when  he  knows  there  are  more 
than  that  number,  the  enumeration  is  void,  and  mandamus  will  lie  to  compel  the  estab- 
lishment of  a  negro  school.  State  ex  rel.  v.  Cartwright,  122  A.  257. 

Section  1,  Art.  XI,  Constitution.     84  Mo.  74;  30  A.  285. 

Great  care  should  be  taken  by  the  enumerator  to  get  the  name  of  every  child 
in  the  district  entitled  to  enumeration.  The  public  funds — county  and  township — are 
apportioned  upon  the  enumeration,  and  for  every  name  missed  the  district  will  lose 
from  $1.50  to  $3.50,  or  possibly  more.  Do  not  fail  to  forward  the  enumeration  to 
the  county  clerk  within  the  time  specified  by  law.  It  is  not  the  duty  of  the  district 
clerk  to  take  the  enumeration.  The  board  may  take  the  enumeration  of  the  district 
themselves,  or  may  cause  the  same  to  be  taken  by  employing  the  district  clerk  or  any 
other  competent  person.  Section  10825  makes  it  the  duty  of  assessors  to  furnish  the 
county  clerks  lists  of  taxpayers  by  school  districts. 

Sec.  10791.  Estimate. — The  board  of  directors  of  each  district 
shall,  on  or  before  the  fifteenth  day  of  May  of  each  year,  forward  to  the 
county  clerk  an  estimate  of  the  amount  of  funds  necessary  to  sustain  the 
schools  of  their  district  for  the  time  required  by  law,  or,  when  a  longer 
term  has  been  ordered  by  the  annual  meeting,  for  the  time  thus  decided 
upon,  together  with  such  other  amount  for  purchasing  site,  erecting 
buildings  or  meeting  bonded  indebtedness,  and  interest  on  same,  as  may 
have  been  legally  ordered  in  such  estimate,  stating  clearly  the  amount 
deemed  necessary  for  each  fund,  and  the  rate  required  to  raise  said 
amount.  (R.  S.  1899,  §  9771,  amended,  L.  1909,  p.  770.) 

Historical  Note — This  section  seerns  to  repeal  that  part  of  section  10932,  requiring 
county  superintendents  to  receive  and  approve  estimates.  See  note  under  section 
10790.  The  board  may  withdraw  an  estimate  filed  with  county  clerk  before  it  is  acted 
upon  and  file  another  estimate  in  lieu  thereof,  upon  which  latter  estimate  a  legal  levy 
may  be  made.  State  ex  rel.  v.  Phipps,  148  Mo.  31,  36.  When  a  levy  of  100  cents  on 
100  dollar  valuation  has  been  authorized  by  a  vote  of  the  district,  the  board  may  ap- 
portion same  by  their  estimate  among  the  several  funds  as  they  deem  proper,  and  the 
fact  that  they  only  filed  an  estimate  for  a  9 8 -cent  levy  when  100  cents  had  been 
authorized  does  not  render  the  tax  illegal.  State  ex  rel.  v.  Phipps,  148  Mo.  31.  If  the 
estimate  for  teachers  and  incidental  funds  exceeds  40  cents  on  the  $100,  it  must  recite 
that  the  increase  above  40  cents  was  authorized  by  vote  of  the  district,  but  it  is  not 
necessary  that  such  estimate  should  recite  the  amount  which  a  levy  made  in  accord- 
ance therewith  will  yield,  nor  that  the  estimate  was  authorized  by  an  order  of  the 
board.  The  St.  L.,  etc.,  Ry.  v.  Gracy,  126  Mo.  472;  Kansas  City,  etc.,  v.  Chapin,  162 
Mo.  409.  No  vote  of  district  is  necessary  to  make  estimates  for  annual  interest  and 
sinking  fund  on  bonds  legally  issued.  Benton  v.  Scott,  168  Mo.  379.  School  taxes  on 
railroad  property  must  be  levied  by  county  courts  pursuant  to  estimates  on  file  with 
clerk.  State  ex  rel.  v.  Ry.,  135  Mo.  619.  See  section  9364. 


Revised  School  Laws.  23 

Restriction  on  tax  levy.  Section  2,  Art.  X,  Constitution.  Where  estimates  re- 
turned by  school  districts  stated  rate  of  required  tax  levy,  but  did  not  mention  amount 
of  the  several  funds  which  levy  would  produce,  irregularity  is  immaterial.  126  Mo.  472. 

"Unless  the  estimate  shows  that  the  annual  rate  above  forty  cents  other  than  in 
village  schools  was  authorized  by  a  vote  of  the  taxpayers,  the  county  clerk  has  no 
authority  to  'assess  and  carry  out'  such  increase,  and  in  the  absence  of  such  recital 
in  the  estimates,  to  the  extent  of  the  excess  such  taxes  are  void." 

"The  statute  does  not  require  the  certified  estimates  for  sinking  and  interest  fund 
taxes  to  contain  a  recital  that  a  levy  of  such  taxes  was  authorized  by  order  of  the 
board."  162  Mo.  409. 

This  is  to  be  made  by  the  school  board  on  or  before  the  fifteenth  day  of  May 
of  each  year.  The  estimate  is  for  the  following  purposes:  (1)  For  teachers'  fund; 
(2)  for  incidental  expenses;  (3)  for  building;  (4)  for  sinking  fund;  (5)  for  in- 
terest fund.  The  estimate  for  teachers'  wages,  if  it  exceeds  forty  cents  on  the 
hundred  dollars,  must  state  that  it  was  ordered  (section  10796)  by  a  majority  of 
the  taxpayers  of  the  district.  The  estimate  for  building  purposes  must  show  that 
it  was  authorized  (section  10797)  by  two-thirds  of  the  qualified  voters  of  the  dis- 
trict who  voted  at  the  election.  The  estimate  for  sinking  fund  (section  10782)  can- 
not exceed  forty  cents  on  the  hundred  dollars.  The  estimate  for  interest  (section 
10783)  must  be  sufficient  to  pay  the  interest  as  it  falls  due.  It  is  very  important  that 
the  estimate  be  made  promptly  and  in  good  form,  being  careful  to  "state  clearly  the 
amount  deemed  necessary  for  each  fund." 

Sec.  10792.  Condemnation  of  site. — Whenever  any  district  shall 
select,  at  the  annual  or  any  special  meeting,  one  or  more  sites  for  one  or 
more  schoolhouses,  and  cannot  agree  with  the  owner  thereof  as  to  the 
price  to  be  paid  for  the  same,  or  for  any  other  cause  cannot  secure  a  title 
thereto,  the  board  of  directors  may  proceed  to  condemn  the  same  in  the 
same  manner  as  provided  for  condemnation  of  right  of  way  in  chapter 
22,  article  II  of  the  Revised  Statutes  of  1909,  and  such  condemnation  and 
the  payment  of  the  appraisement  as  therein  provided,  the  title  of  such  lot 
or  land  shall  vest  in  the  board  of  directors  for  use  in  trust  for  the  dis- 
trict ;  and  whenever  a  majority  of  the  qualified  voters  and  taxpayers  of 
any  school  district,  at  any  annual  or  special  meeting  called  for  that  pur- 
pose, shall  determine  that  it  is  necessary  to  have  additional  grounds  for 
school  purposes,  then  the  board  of  directors  may  proceed  to  condemn  and 
pay  for  any  amount  of  land  adjacent  to  the  schoolhouse  site,  or  else- 
where in  the  district,  as  provided  in  this  section.  (R.  S.  1899,  §  9772, 
re-enacted,  L.  1909,  p.  770.) 

The  condemnation  of  land  for  a  schoolhouse  site  is  an  appropriation  thereof 
for  public  use  within  the  meaning  of  the  Constitution.  Twp.,  etc.,  v.  Hackman,  48  Mo. 
243.  It  requires  a  majority  of  the  qualified  voters  and  taxpayers  of  the  district,  and 
not  merely  a  majority  of  those  voting  in  an  election,  to  authorize  the  condemnation 
of  land  adjacent  to  schoolhouse  site.  State  ex  rel.  v.  District,  209  Mo.  464;  State 
ex  rel.  v.  School  District,  79  A.  103.  The  legality  of  the  corporate  existence  of  the 
district  cannot  be  made  an  issue  in  an  action  to  condemn  land  under  this  section. 
School  District  v.  Hodgin,  180  Mo.  71. 

In  proceedings  by  special  school  district  to  condemn  land  for  schoolhouse  site, 
defendant  may  put  in  issue  plaintiff's  corporate  existence.  125  Mo.  439. 

Sec.  10793.     Separate  schools  for  white  and  colored  children. — 

Separate  free  schools  shall  be  established  for  the  education  of  children 
of  African  descent ;  and  it  shall  hereinafter  be  unlawful  for  any  colored 
child  to  attend  any  white  school,  or  for  any  white  child  to  attend  a  col- 
ored school.  (R.  S.  1899,  §  9774,  amended,  L.  1909,  p.  770.) 

Sec.  10794.    Schools  for  colored  children,  establishment  of. — When 


24  Revised  School  Laws. 

there  are  within  any  school  district  in  this  state  fifteen  or  more  colored 
children  of  school  age,  as  shown  by  the  last  enumeration,  the  board  of 
directors  of  such  school  district  shall  be  and  they  are  hereby  authorized 
and  required  to  establish  and  maintain  within  such  school  district  a 
separate  free  school  for  said  colored  children;  and  the  length  of  the 
school  term  for  said  colored  children,  and  the  advantages  and  privileges 
thereof,  shall  be  the  same  as  are  provided  for  other  schools  of  correspond- 
ing grade  within  such  school  district,  and  the  board  of  directors  shall  in 
all  cases  conduct,  manage  and  control  said  school  as  other  schools  of  the 
district  are  conducted,  managed  and  controlled ;  and  all  indebtedness  in- 
curred by  said  board  of  directors  in  providing  suitable  buildings,  em- 
ploying teachers  and  maintaining  said  school  shall  be  paid  for  out  of  the 
appropriate  funds  of  the  district,  upon  warrants  ordered  and  issued  in 
conformity  with  the  provisions  of  sections  10856  and  10857 :  Provided, 
there  be  no  school  building  in  such  school  district  for  said  colored  chil- 
dren, the  board  of  directors  shall  be  and  they  are  hereby  authorized  and 
required  to  rent  suitable  buildings  and  furnish  the  same,  and  all  expenses 
necessarily  incurred  shall  be  paid  out  of  any  funds  to  the  credit  of  the 
building  or  incidental  funds  of  such  school  district.  Should  any  board 
of  directors  neglect  or  refuse  to  comply  with  the  provisions  of  this  sec- 
tion, such  school  district  shall  be  deprived  of  any  part  of  the  public  funds 
for  the  next  ensuing  school  year:  Provided,  that  in  case  the  aver- 
age daily  attendance  of  colored  children  for  any  one  school  month  shall 
be  less  than  eight,  then  said  board  of  directors  may  discontinue  such 
school  for  a  period  notxto  exceed  six  months  at  any  one  time :  Provided, 
that  in  cases  where  two  school  districts  join,  and  in  either  or  both  of  said 
districts  the  enumeration  of  colored  children  of  legal  school  age  is  less  than 
twenty-five-,  the  boards  of  directors  of  such  districts  may  establish  a  joint 
colored  school  in  either  of  said  districts,  the  expense  of  maintaining  said 
school  to  be  borne  by  the  districts  establishing  same,  in  proportion  to  the 
number  of  colored  children  enumerated  in  each.  The  control  of  said 
school  shall  be  vested  in  the  board  of  directors  of  the  district  in  which 
the  schoolhouse  wherein  said  colored  school  is  maintained  is  located. 
(R.  S.  1899,  §  9775,  amended,  L.  1909,  p.  770.) 

Warrants  for  the  payment  of  teachers  of  both  white  and  colored  schools  should 
be  drawn  on  the  same  fund.  State  ex  rel.  v.  Thompson,  64  Mo.  26.  This  section  is 
mandatory,  and  the  board  cannot  escape  the  responsibility  of  establishing  a  colored 
school  by  or  through  a  false  enumeration  which  omits  part  of  the  colored  children  re- 
siding in  district.  State  ex  rel.  v.  Cartwright,  122  Mo.  257. 

Constitution  and  laws  providing  for  separate  schools  for  colored  children  are  not 
forbidden  by  fourteenth  amendment  to  federal  Constitution ;  equality,  not  identity  of 
privileges,  is  guaranteed  to  the  citizens  by  said  amendment.  103  Mo.  546.  Who  are 
residents  within  the  meaning  of  this  section.  64  A.  313. 

When  the  enumeration  taken  in  any  year  shows  that  fifteen  or  more  colored 
children  of  school  age  reside  within  the  district,  it  is  the  duty  of  the  board  of  directors 
to  establish  and  maintain  a  separate  free  school  for  the  education  of  these  children. 
The  establishment  is  not  perpetual.  Compliance  with  this  law  requires  that  the 
school  privileges  accorded  the  colored  children  shall  equal  those  enjoyed  by  the 
white  children.  The  establishment  of  a  colored  school  in  some  old  tumble-down  shed 
of  &  building,  with  little  or  no  furniture,  and  situated  in  a  remote,  inaccessible  part  of 
the  district,  while  the  white  children  in  the  same  district  are  provided  with  a  com- 
fortable well-furnished  school  building,  does  not  comply  with  the  spirit  of  this  law. 


Revised  School  Laws.  25 

Instances  have  been  reported  in  which  it  is  claimed  that  the  enumerator  returned  a 
false  enumeration  in  order  to  avoid  the  establishment  of  a  school  for  the  colored 
children.  In  doing  this,  the  enumerator  not  only  violates  his  oath  of  office,  but  is 
guilty  of  a  misdemeanor,  punishable  by  a  fine  of  $100.00.  See  section  10790. 

For  failure  to  establish  a  colored  school  when  fifteen  colored  children  are 
enumerated  in  the  district,  the  district  forfeits  all  public  funds  due  it,  and  the  board  of 
directors  may  be  removed  from  office  for  neglect  of  duty.  In  a  district  having  estab- 
lished a  colored  school,  if  the  enumeration  of  colored  children  falls  below  fifteen, 
the  school  may  be  discontinued.  The  board  also  has  authority  to  discontinue  the 
school  for  a  period  of  six  months  when  the  average  daily  attendance  for  any  one 
month  falls  below  eight.  Should  a  school  be  discontinued  for  this  reason,  it  must  be 
reopened  at  the  expiration  of  six  months,  unless  the  white  school  in  the  district  has 
closed  in  the  meantime,  in  which  event  the  colored  school  need  not  be  reopened  during 
the  current  school  year. 

There  is  no  authority  for  setting  aside  a  certain  sum  of  money  to  maintain  the 
colored  school.  The  expense  of  maintaining  the  colored  school  must  be  paid  in  the 
same  manner  and  out  of  the  same  funds  drawn  upon  to  sustain  the  white  school. 

This  encourages  adjoining  districts,  each  having  an  enumeration  of  colored  chil- 
dren less  than  twenty-five,  to  consolidate  their  school  for  colored  children. 

The  fact  that  colored  children  have  to  go  farther  to  attend  school  than  white 
children  does  not  furnish  a  substantial  ground  of  complaint  on  the  part  of  the  former. 
103  Mo.  546. 

Sec.  10795.  Colored  children — right  to  attend  other  schools  for 
colored  children  in  county. — When  the  number  of  colored  children  of 
school  age  residing  in  any  school  district,  as  shown  by  the  last  enumera- 
tion, shall  be  less  than  fifteen,  they  shall  have  the  privilege  and  are  en- 
titled to  attend  school  in  any  district  in  the  county  wherein  a  school  is 
maintained  for  colored  children,  and  the  board  of  directors  of  the  dis- 
trict in  which  such  colored  children  reside  shall  reserve  a  sufficient 
amount  from  the  teachers'  fund  of  such  district  to  pay  the  expense  thus 
incurred  for  such  school  year;  but  such  colored  children  shall  only  be 
entitled  to  attend  school  for  the  same  length  of  time  that  other  schools 
of  the  district  in  which  they  reside  are  maintained;  and  at  the  end  of 
the  school  term  the  board  of  directors  of  the  district  in  which  such  chil- 
dren may  have  attended  school  shall  make  out  and  forward  to  the  board 
of  directors  of  the  district  in  which  such  children  reside  an  account  show- 
ing the  amount  due  for  said  colored  children,  said  amount  to  be  equal  to 
the  pro  rata  expense  of  such  attendance,  the  same  to  be  prorated  accord- 
ing to  the  amount  paid  for  teachers '  wages  and  incidental  expenses  dur- 
ing such  school  term ;  and  the  board  of  directors  of  the  district  in  which 
such  children  reside  shall  issue  an  order  on  the  county  or  township  treas- 
urer to  transfer  said  amount  to  the  credit  of  teachers  fund  of  the  district 
in  which  said  children  attended  school.  Any  board  of  directors  neglect- 
ing or  refusing  to  comply  with  the  provisions  of  this  section  shall  be  held 
individually  responsible  for  the  amount  due  the  district  in  which  said 
colored  children  attended  school.  (E.  S.  1899,  §  9776,  amended,  L.  1909, 
p.  770.) 

This  section  gives  colored  children  of  school  age,  residing  in  a  school  district 
not  containing  the  requisite  enumeration,  the  right  to  attend  any  colored  school  in 
the  county.  This  section  imposes  two  duties  upon  the  board  of  the  district  in  which 
the  colored  children  reside:  (1)  "To  reserve  a  sufficient  amount  from  the  teachers' 
fund  of  such  district  to  pay  the  expenses  thus  incurred;"  (2)  "to  issue  an  order  on 
the  county  or  township  treasurer  to  transfer  said  amount  to  the  credit  of  the  teachers' 
fund  of  the  district  in  which  said  children  attended  school,"  The  section  imposes  QI\« 


26  Revised  School  Laws. 

duty  upon  the  district  in  which  the  colored  children  attend,  as  follows:  "To  make 
out  and  forward  to  the  school  board  of  the  district  in  which  the  children  reside  an 
account  showing  the  amount  due  for  said  colored  children."  It  should  be  noted  that 
the  colored  children  are  only  entitled  to  attend  school  during  the  time  that  the  other 
schools  in  the  district  in  which  they  reside  are  maintained ;  that  is,  if  there  is  only 
a  five-months'  school  in  the  country  district  in  which  the  colored  children  reside, 
they  are  permitted  to  attend  but  five  months  in  the  district  maintaining  a  colored 
school,  even  though  that  district  should  maintain  an  eight-months  school.  To  find  the 
amount  due  the  school  which  the  colored  pupils  attend,  it  is  necessary  to  ascer- 
tain the  cost  per  colored  pupil  per  day,  and  multiply  this  by  the  number  of  days  at- 
tended by  the  colored  children  residing  without  the  district.  This  is  what  is  meant 
by  "pro  rata  expenses  of  such  attendance,  the  same  to  be  prorated  according  to  the 
amount  paid  for  teachers'  wages  and  incidental  expenses  during  such  school  term." 
Note  that  "the  school  board  in  the  district  in  which  such  children  may  have  attended" 
shall  forward  the  account  against  the  other  district  "at  the  end  of  the  school  term." 
For  a  failure  to  pay  the  account,  if  found  correct,  the  members  of  the  board  of 
directors  to  which  the  account  is  presented  become  personally  liable  for  the  amount. 
Failure  to  present  the  account  at  close  of  school  does  not  forfeit  the  claim.  The 
account  may  be  collected  at  any  time  within  five  years  after  it  becomes  due. 

Sec.  10796.  Increase  of  tax  levy  for  maintaining  schools. — AVhen- 
ever  it  shall  become  necessary,  in  the  judgment  of  the  board  of  directors 
or  board  of  education  of  any  school  district  in  this  state,  to  increase  the 
annual  rate  of  taxation  for  school  purposes,  or  when  any  five  resident 
taxpayers  of  such  district  shall  petition  such  board,  in  writing,  that  they 
desire  an  increase  in  the  rate  of  taxation,  such  board  shall  determine  the 
rate  of  taxation  necessary  to  be  levied  in  such  district  within  the  max- 
imum rates  prescribed  by  the  Constitution  for  such  purposes,  and  shall 
submit  to  the  voters  of  said  school  district  who  are  taxpayers  of  such 
school  district,  at  an  election  to  be  by  such  board  called  and  held  for  that 
purpose,  at  the  usual  place  of  holding  elections  for  members  of  such 
board,  whether  the  rate  of  taxation  shall  be  increased  as  proposed  by  said 
board,  due  notice  having  been  given  as  required  by  section  10844,  and  if 
a  majority  of  the  voters  who  are  taxpayers  voting  at  such  election  shall 
vote  in  favor  of  such  increase,  the  result  of  such  vote,  and  the  rate  of 
taxation  so  voted  in  such  district,  shall  be  certified  by  the  clerk  or  secre- 
tary of  such  board  or  district  to  the  clerk  of  the  county  court  of  the 
proper  county,  who  shall,  on  the  receipt  thereof,  proceed  to  assess  and 
carry  out  the  amount  so  returned  on  the  tax  book  on  all  the  taxable 
property,  real  and  personal,  of  such  school  district,  as  shown  by  the  last 
annual  assessment  for  state  and  county  purposes,  including  all  state- 
ments of  merchants  as  provided  by  law.  (R.  S.  1899,  §  9777,  amended, 
Li.  1909,  p.  770.) 

A  levy  made  by  county  court  on  railroad  property  for  school  purposes  need  not 
specify  the  special  fund  for  which  such  levy  is  made,  if  the  estimates  are  sufficient 
to  enable  the  court  to  make  the  average  rate.  State  ex  rel.  v.  Ry.,  135  Mo.  618.  Under 
this  section  the  board  should  first  determine  what  increase  of  taxes  is  necessary  and 
have  its  proceedings  noted  on  minutes  of  the  district  clerk  before  submitting  proposi- 
tion to  voters;  but  such  action  is  not  necessary  when  increase  of  taxes  is  voted  at 
annual  meeting.  Ben  ton  v.  Scott,  168  Mo.  378. 

See  cases  cited  under  section  10791. 

Whenever  a  board  deems  it  necessary  or  is  petitioned  by  five  resident  taxpayers, 
it  shall  determine  the  increase  of  levy  for  school  purposes.  Proper  notice  having  been 
given  under  section  10798,  the  proposition  is  voted  upon,  and  is  carried  "if  a  majority 
of  the  voters  who  are  taxpayers  voting  at  such  election  shall  vote  in  favor  of  such 


Revised  School  Laws.  27 

Increase."  Note  that  taxpayers  and  not  qualified  voters  are  spoken  of.  A  taxpayer 
is  one  who  owns  either  real  or  personal  property  liable  to  assessment  and  taxation. 
Observe  that  only  a  majority,  and  not  a  two-thirds  majority,  is  required;  also,  that 
it  is  a  majority  of  the  taxpayers  "voting  at  such  election,"  and  not  a  majority  of 
the  taxpayers  of  the  district.  For  limitation  of  taxation,  see  article  10,  section  11, 
Missouri  Constitution,  and  section  10825. 

For  majority  of  voters  voting  at  such  election,  see  35  Mo.  103,  and  73  Mo.  435. 

The  provisions  of  the  Constitution  limiting  the  rate  of  taxation  do  not  require 
legislative  action  to  enforce  it,  and  go  into  effect  at  once,  notwithstanding  the  proviso 
allowing  the  rate  to  be  increased  by  legislative  action  and  a  specified  popular  vote. 
62  Mo.  444. 

Sec.  10797.  Increase  of  tax  levy  for  erecting  schoolhouse  and 
similar  purposes. — The  board  of  education  or  directors  of  any  school 
district  in  this  state  shall,  whenever,  in  their  judgment,  it  becomes  neces- 
sary, or  they  be  requested,  by  a  petition  of  ten  taxpayers  of  any  such 
school  district,  to  increase  the  annual  rate  of  taxation  for  the  purpose  of 
paying  for  school  building  sites,  whether  the  same  have  been  purchased 
or  condemned,  for  buying  or  erecting  school  buildings  in  such  districts, 
or  repairing  or  furnishing  such  buildings,  determine  the  rate  of  taxation 
necessary  to  be  levied  within  the  maximum  rates  prescribed  by  the  Con- 
stitution, and  as  therein  limited  for  such  purposes,  and  shall  submit  to 
the  voters  of  such  school  district,  at  an  election  to  be  by  such  board  called 
and  held  for  that  purpose,  at  the  usual  place  for  holding  elections  for 
members  of  such  board,  whether  the  rate  of  taxation  shall  be  increased, 
as  proposed  by  said  board,  for  any  of  the  purposes  mentioned  in  this 
section,  due  notice  having  been  given,  as  required  by  section  10844,  and  if 
two-thirds  of  the  qualified  voters  of  such  school  district,  or  of  such  city, 
town  or  village  forming  a  school  district,  voting  at  said  election,  shall 
vote  in  favor  of  such  increase  for  the  purposes  aforesaid,  the  result  of 
such  vote,  and  the  rate  of  taxation,  so  voted,  shall  be  certified  by  the  sec- 
retary or  clerk  of  such  board  to  the  clerk  of  the  county  court  of  the 
proper  county,  who  shall,  on  the  receipt  thereof,  proceed  to  assess  the 
amount  so  returned  for  any  or  all  of  the  purposes  mentioned  in  this  sec- 
tion on  all  the  taxable  property,  both  real  and  personal,  of  such  school 
district,  as  shown  by  the  last  annual  assessment  for  state  and  county 
purposes,  including  all  statements  of  merchants,  as  is  provided  by  law. 
(Session  Acts  1911.) 

This  section  does  not  apply  to  an  election  to  vote  bonds  to  build  schoolhouse,  nor 
to  other  elections  specially  provided  for  in  other  sections  of  the  statutes.  Richardson 
v.  McReynolds,  114  Mo.  641,  650. 

Whenever  the  board  deems  it  necessary  or  is  petitioned  by  ten  taxpayers  of  the 
district,  it  shall  determine  the  rate  to  be  levied  for  building  purposes,  notice  having 
been  given  in  accordance  with  section  10798.  The  proposition  is  carried  "if  two-thirds 
of  the  qualified  voters  of  such  school  district  voting  on  the  proposition  shall  vote  in 
favor  of  such  increase."  Note  that  two-thirds  of  the  qualified  voters,  and  not  a 
majority,  is  required.  Observe,  also,  that  it  is  two-thirds  of  those  voting  at  the  election ; 
that  is,  two-thirds  of  the  votes  cast  at  the  election,  and  not  two-thirds  of  the  qualified 
voters  of  the  district.  For  limitation  of  levy  for  building  purposes,  see  article  10,  sec- 
tion 11,  Missouri  Constitution;  also,  section  10825.  A  building  levy  should  be  used  for 
purchase  of  site,  erection  of  house  and  furnishing  the  same.  All  permanent  improve- 
ments should  be  made  from  the  building  fund  rather  than  from  the  incidental  fund, 
such  as  building  a  fence,  digging  a  cistern,  erecting  outhouses  and  seating  schoolroom. 

The  act  (11583)  authorizing  an  increase  in  the  levy  of  school  taxes  for  building 
purposes  on  the  apportionment  of  the  valuation  of  a  railroad  company's  roadbed  an.d. 


28  Revised  School  Laws. 

rolling  stock,  and  empowering  the  county  court  to  take  into  consideration  the  rate  of 
increase  for  such  purposes,  made  in  districts  through  which  the  railroad  does  not  run, 
in  fixing  the  rate  to  be  levied,  is  constitutional.  97  Mo.  496. 

Sec.  10798.  Notice  of  meeting  to  increase  tax  levy. — The  proposi- 
tions authorized  in  sections  10796  and  10797  may  be  submitted  at  an 
annual  meeting,  or  at  a  special  meeting  called  and  held  for  that  purpose. 
Said  board  of  directors  or  board  of  education  submitting  such  proposi- 
tion shall  cause  notice  thereof  to  be  given  as  provided  by  section  10844. 
(R.  S.  1899,  §  9779,  amended,  L.  1909,  p.  770.) 

Sec.  10799.  Special  meetings. — Special  school  meetings  for  the 
transaction  of  business  authorized  by  this  chapter,  and  not  restricted  to 
the  annual  meeting  or  otherwise  provided  for,  shall  be  called  by  the 
board  when  a  majority  of  the  qualified  voters  of  the  district  sign  a  peti- 
tion requesting  the  same,  and  designating  therein  the  purpose  for  which 
said  meeting  is  desired.  Upon  the  reception  of  such  petition,  the  board 
shall  call  said  special  meeting,  by  notices  thereof  to  be  given  in  the 
same  manner  as  is  provided  in  section  10844;  and  when  assembled,  the 
meeting  shall  be  organized  by  the  election  of  a  chairman  and  a  secretary, 
who  shall  keep  a  correct  record  of  the  transactions  of  the  meeting,  said 
record  to  be  signed  by  the  secretary,  attested  by  the  chairman,  and  filed 
with  the  district  clerk,  who  shall  enter  the  same  upon  the  records  of  the 
district ;  but  said  meeting  shall  have  no  power  to  act  upon  any  proposi- 
tion not  contained  in  the  petition  and  submitted  in  the  notices.  (R.  S. 
1899,  §  9780,  amended,  L.  1909,  p.  770.) 

Special  meeting  may  be  called  for  purpose  of  continuing  school  beyond  period 
required  by  Constitution.  27  A.  36. 

Note  that  special  school  meetings  shall  be  called  by  the  board  "when  a  majority 
of  the  qualified  voters  of  the  district  sign  a  petition  requesting  the  same,  and  designat- 
ing therein  the  purpose  for  which  said  meeting  is  desired." 

The  special  meeting  when  called  can  vote  only  on  the  propositions  set  forth  in 
the  petition  and  notices.  Of  the  items  under  10845  the  following  are  "restricted  to  the 
annual  meeting  or  otherwise  provided  for;"  item  2  (election  of  directors);  item  3 
(filling  of  vacancy  in  board),  restricted  to  the  annual  meeting  by  section  10847;  item  4 
(increase  of  levy  for  school  purposes),  otherwise  provided  for  by  section  10796  ;  item  6 
(change  of  boundary),  restricted  to  the  annual  meeting  by  section  10837;  item  8  (elec- 
tion of  superintendent),  restricted  to  annual  meeting  by  section  10930;  item  9  (levy  for 
building  purposes),  otherwise  provided  for  by  section  10797.  The  following  items  under 
10845  are  "not  restricted  to  the  annual  meeting  or  otherwise  provided  for,"  and  there- 
fore, may  be  acted  upon  at  a  special  meeting  called  under  section  10799  ;  item  4  (in- 
crease of  school  term)  ;  item  5  (to  vote  sum  for  library)  ;  item  7  (sale  of  school 
property  no  longer  needed  for  use  of  district)  ;  item  10  (location  of  schoolhouse 
site)  ;  item  11  (change  of  schoolhouse  site). 

The  law  does  not  limit  the  number  of  times  a  proposition  may  be  submitted  to 
the  legal  voters  of  a  school  district.  A  proposition  not  restricted  to  the  annual 
meeting  nor  "otherwise  provided  for"  may  be  submitted  as  often  as  a  majority  of 
the  qualified  voters  of  the  district  will  sign  a  petition  requesting  that  a  special  meet- 
ing be  called,  and  designating  the  purpose  for  which  such  special  meeting  is  desired. 
Upon  reception  of  such  petition,  the  board  of  directors  must  call  the  meeting. 

FORM  OF  PETITION  FOR  SPECIAL  SCHOOL,  MEETING. 

We,  the  undersigned,  a  majority  of  the  qualified  voters  residing  in  school  district 

No.   ,   county   of  ,    State   of   Missouri,    desire   that   a    special    meeting  of   the 

qualified  voters  of  said  district  be  called  for  the  purpose  of 


Revised  School  Laws.  29 


FORM   FOR    NOTICE    OF    SPECIAL   SCHOOL   MEETING. 

Notice  Is  hereby  given  to  the  qualified  voters  of  district*  No.  ,  county  of  , 

and  State  of  Missouri,  that  in  conformity  with  the  petition  of  a  majority  of  the  resident 

voters  of  said  district,  a  special  school  meeting  will  be  held  at  ,  in  said  district, 

on  the  —  —  day  of ,  19 — ,  commencing  at  2  o'clock  p.  m.,  for  the  following  pur- 
poses, viz. : 

Pone  by  order  of  the  board  this  day  of  ,  19 — . 


-,   District  Clerk. 


NOTE — The  above  notice  should  state  distinctly  the  purpose  for  which  the  meet- 
ing is  called,  and  should  be  posted  fifteen  days  before  the  day  set  for  the  meeting. 

Sec.  10800.  School  day,  week,  month  and  year. — The  school  day 
shall  consist  of  six  hours  occupied  in  actual  school  work ;  the  school  week 
shall  consist  of  five  school  days,  except  when  Thanksgiving  Day,  December 
25,  February  22  or  July  4  shall  fall  upon  a  regular  school  day,  then  the 
four  remaining  school  days,  if  taught,  shall  constitute  a  legal  school  week ; 
the  school  month  shall  consist  of  four  weeks;  and  the  school  year  shall 
commence  on  the  first  day  of  July  and  end  on  the  thirtieth  day  of  June 
following.  (R.  S.  1899,  §  9781,  re-enacted,  L.  1909,  p.  770.) 

By  long  established  custom,  a  great  majority  of  our  rural  schools  divide  the 
school  day  as  follows:  9:00,  opening;  a  ten-minute  recess  middle  of  forenoon;  12:00- 
to  1:00,  noon;  1:00,  opening  of  afternoon  session;  a  ten-minute  recess  middle  of  after- 
noon; 4:00,  dismissal. 

Consensus  of  opinion  approves  this  plan  as  best  for  children.  The  phrase  "Six 
hours  occupied  in  actual  school  work"  has  reference  to  work  by  the  teacher  In  and 
about  the  schoolroom.  The  above  programme  fulfills  the  requirement.  For,  from  the 
nature  of  the  case,  the  full  time  of  the  teacher  is  occupied  during  the  forenoon  and 
afternoon  recesses  in  looking  after  the  heating,  ventilation  and  innumerable  other 
matters  of  detail  which  cannot  be  attended  to  except  when  the  greater  number  of 
children  are  at  liberty.  But  this  is  "actual  school  work."  In  most  of  the  well  organized 
city  and  town  schools  the  children  of  the  higher  grades  are  engaged  in  study  and 
recitation  about  five  hours  daily ;  the  smaller  children  a  much  shorter  time.  Counting 
work  in  and  about  the  school  before  9  a.  m.,  at  noon,  and  after  4  p.  m.,  good  teachers 
in  good  schools  usually  spend  from  seven  to  nine  hours  daily  in  "actual  school  work." 
This  they  do  voluntarily  and  cheerfully — at  times  overruling  the  protests  of  the  janitor. 

There  are  no  legal  school  holidays  except  those  specified  in  this  section.  General 
election  day  and  New  Year's  day  are  not  legal  school  holidays. 

Some  schools  have  adopted  the  Monday  holiday,  and  teach  on  Saturday. 

The  state  superintendent  will  try  to  visit  each  county  in  the  state  once  every  two 
years.  He  would  be  glad  if  directors  and  teachers  would  agree  to  take  a  day  off  and 
meet  him  on  such  occasions  to  discuss  with  him  some  important  school  questions.  A 
day  so  spent  will  not  be  lost.  There  is  nothing  in  law  to  prevent  such  suspension,  and 
to  prevent  the  board's  paying  teacher  for  that  day. 

Sec.  10801.  Arbor  day.— The  first  Friday  after  the  first  Tuesday 
in  April  of  each  year  is  hereby  set  apart  as  Arbor  day  for  this  state,  and 
all  teachers,  pupils  and  patrons  are  requested  to  observe  the  same  in  their 
respective  school  districts  by  encouraging  the  planting  of  trees,  shrub- 
bery and  flowers  upon  and  around  the  school  grounds  of  their  districts, 
that  said  grounds  may  be  rendered  pleasant  and  attractive — a  part  of 
said  day  to  be  devoted  to  literary  exercises,  having  special  reference  to 


30  Revised  School  Laws. 

the  work  in  hand,  as  the  teacher  or  committee  in  charge  may  direct,  and 
the  afternoon  to  be  devoted  to  the  improvement  and  ornamentation  of 
the  school  grounds.  (E.  S.  1899,  §  9782,  re-enacted,  L.  1909,  p.  770.) 

Arbor  day  properly  observed  will  cultivate  good  taste  and  sentiment.  The  plant- 
ing of  trees,  shrubs  and  flowers  and  giving  them  proper  cultivation  should  be  regarded 
by  teachers  and  pupils  as  a  privilege.  The  school  premises  have  a  great  educating 
influence.  The  directors  should  see  to  it  that  the  school  grounds  are  fully  supplied 
with  trees  and  grasses. 

The  shrubs  and  flowers  and  little  experimental  garden  belong  properly  to  the 
teachers  and  pupils.  Arbor  day  is  a  day  for  special  culture  by  means  of  these 
things.  The  trees,  shrubs,  grasses  and  flowers  should  be  well  kept  all  the  year  round. 
The  schoolhouse  and  grounds  should  constitute  the  culture  center  of  each  district. 
They  should  be  so  kept  as  to  exercise  a  wholesome  influence  on  the  children  of  the 
district  all  the  year  round.  Recollections  of  the  library,  the  clean  floors  and  furniture, 
the  well-kept  lawn,  the  shade  trees  and  flower  beds,  should  be  made  green  spots  in 
memory  for  all  time  to  come.  In  fact,  the  schoolhouse  and  grounds  and  everything 
connected  therewith  should  be  as  inviting  as  the  best  home  in  the  district. 

Sec.  10802.  Injuring  school  property — failure  of  certain  officers 
to  perform  duty — penalty. — Every  person  who  shall  willfully  injure  or 
destroy  any  building  used  as  a  schoolhouse,  or  for  other  educational  pur- 
poses, or  any  furniture,  fixtures  or  apparatus  thereto  belonging,  or  who 
shall  deface,  mar  or  disfigure  any  such  building,  furniture  or  fixtures, 
by  writing,  painting,  cutting  or  pasting  thereon  any  likeness,  figures, 
words  or  devices,  shall  be  fined  in  a  sum  double  the  amount  of  damage 
done  to  any  such  building,  furniture  or  apparatus,  and  shall  be  fined  in 
a  sum  not  less  than  ten  nor  more  than  fifty  dollars  for  each  offense  for 
writing,  painting,  cutting  or  pasting  on  any  such  building,  furniture  or 
fixtures  any  such  words,  figures,  likeness  or  device,  to  be  recovered  by 
civil  proceedings  in  any  court  of  competent  jurisdiction,  in  the  name  and 
to  the  use  of  the  school  district  to  which  the  property  may  belong ;  and 
the  punishment  provided  in  this  section  to  be  in  addition  to  and  not  in 
lieu  of  the  punishment  provided  by  the  statute  regulating  crimes  and 
punishments  for  such  offenses.  Any  district  or  county  clerk,  county 
superintendent,  county  treasurer,  school  director  or  other  officer,  who 
shall  willfully  neglect  or  refuse  to  perform  any  duty  or  duties  pertaining 
to  his  office  under  this  chapter,  shall  be  regarded  as  guilty  of  a  misde- 
meanor and  subject  to  a  fine  of  not  more  than  one  hundred  dollars,  to  be 
recovered  in  any  court  of  law  in  this  state  having  competent  jurisdiction. 
(B.  S.  1899,  §  9783,  amended,  L.  1909,  p.  770.) 

This  section  imposes  a  penalty,  (1)  for  injuring  school  property;  (2)  for  failure  to 
perform  official  duty.  Observe  in  each  case  the  word  "willful."  "T.o  sustain  a  charge 
of  misdemeanor  in  office,  it  must  be  confined  to  official  conduct;  that  conduct  must  be 
shown  to  have  been  willfully  corrupt."  41  Mo.  210.  The  word  willfully ,  as  used  in  this 
section,  means  intentionally,  and  knowingly. 

For  full  information  as  to  how  to  proceed  in  misdemeanor  cases,  before  justices 
of  the  peace,  see  article  4,  chapter  37  of  the  Revised  Statutes  of  1909.  Disturbances 
of  the  school  may  be  punished  as  prescribed  in  section  4713,  Revised  Statutes,  1909. 

Sec.  10803.  School  moneys,  how  applied. — All  money  arising  from 
taxation  shall  be  paid  out  only  for  the  purposes  for  which  they  were 
levied  and  collected;  but  the  income  from  state,  county  and  township 
funds  shall  be  applied  only  to  the  payment  of  teachers'  warrants,  issued 
by  order  of  the  board  to  legally  qualified  teachers  for  services  rendered 


Revised  School  Laws.  31 

according  to  law.  No  county  or  township  treasurer  shall  honor  any  war- 
rant against  any  school  district  that  is  in  excess  of  the  income  and  rev- 
enue of  such  school  district  for  the  school  year  beginning  on  the  first  day 
of  July  and  ending  on  the  thirtieth  day  of  June  following ;  nor  shall  any 
portion  of  the  funds  mentioned  in  this  section  be  applied  in  payment  of 
any  teachers'  warrant  issued  prior  to  the  distribution  of  such  funds  in 
accordance  with  section  10822,  and  no  school  warrant  shall  bear  interest. 
(R.  S.  1899,  §  9790,  re-enacted,  L.  1909,  p.  770.) 

School  taxes  can  only  be  applied  to  the  purposes  for  which  they  were  levied,  and 
if  after  a  levy  to  build  a  schoolhouse  the  district  is  divided,  the  taxes  thus  levied 
must  be  applied  toward  building  the  particular  schoolhouse  for  which  they  were  levied. 
State  ex  rel.  v.  Thompson,  64  Mo.  26  ;  Rice  v.  McClellan,  58  Mo.  116.  See  section  9364. 
Judgment  against  a  school  district  should  specify  nature  of  the  claim  upon  which  it 
is  founded,  so  that  board  will  know  out  of  what  fund  it  should  be  paid,  otherwise  its 
payment  cannot  be  enforced  by  mandamus.  State  ex  rel.  v.  Board,  97  A.  613. 

Liability  of  county  court  for  diversion  of  county  school  fund.     110  Mo.  67. 

This  section  further  emphasizes  the  distinctness  of  the  three  funds  and  provides, 
"no  county  or  township  treasurer  shall  honor  any  warrant  against  any  school  dis- 
trict that  is  in  excess  of  the  income  and  revenue  of  such  school  district  for  the  school 
year  beginning  on  the  1st  day  of  July  and  ending  on  the  30th  day  of  June  following." 
Article  10,  section  12  of  the  Constitution  of  Missouri,  upon  which  the  above  quoted 
provision  is  based,  reads :  "No  school  district  shall  be  allowed  to  become  indebted  in 
any  manner  or  for  any  purpose  to  an  amount  exceeding,  in  any  year,  the  income 
and  revenue  provided  for  such  year,  without  the  assent  of  two-thirds  of  the  voters 
thereof  voting  at  an  election  to  be  held  for  that  purpose."  These  provisions  oblige 
the  board  to  so  manage  the  expenditures  of  the  district  as  to  make  each  year  take 
care  of  itself.  No  treasurer  is  permitted  to  cash  a  warrant  in  excess  of  the  revenue 
provided  for  the  school  year  in  which  such  warrant  is  issued.  A  warrant,  however, 
may  be  issued  when  there  is  no  money  in  the  proper  fund  to  pay  it,  as  taxes  may  be 
collected  before  the  end  of  the  school  year — June  30 — thus  permitting  this  warrant  to 
be  legally  paid. 

Sec.  10804.  Teachers — certificate  before  employment. — No  teacher 
shall  be  employed  in  any  school  supported  by  the  public  funds,  or  any 
part  thereof,  until  he  has  received  a  certificate  of  qualification  therefor, 
signed  by  the  county  superintendent  of  the  county,  the  state  superintend- 
ent, or  a  certificate  or  diploma  issued  by  the  state  university  or  some 
normal  school  of  this  state  entitling  him  to  teach  in  the  public  schools. 
(R.  S.  1899,  §  9796,  amended,  L.  1909,  p.  770.) 

Under  this  section  the  board  may  employ  a  person  who  holds  a  proper  certificate 
to  teach,  though  such  certificate  will  expire  before  the  end  of  the  term  for  which  he  is 
hired.  Hibbard  v.  Smith,  135  A.  721.  Teacher's  contract  is  not  invalid,  though  he 
have  no  certificate  when  contract  is  signed,  provided  he  procure  such  certificate  by 
the  time  fixed  for  school  to  open.  Crabb  v.  District,  93  Mo.  254. 

See  cases  cited  under  sections  10787   and   10788. 

This  section  prohibits  the  employment  of  a  teacher  not  holding  a  certificate. 
This  includes  substitute  teachers.  Whenever  a  substitute  teacher  teaches  for  even 
a  day  or  a  week,  he  must  have  a  certificate. 

Employment  in  this  section  means  the  act  of  teaching.  A  teacher's  services  may  be 
engaged  before  he  gets  a  certificate,  but  he  must  secure  a  certificate  before  his  employ- 
ment begins. 

Sec.  10805.    Teachers  and  directors  guilty  of  misdemeanor,  when. 

Any  teacher  who  shall  enter  a  public  school  in  this  state  to  teach,  govern 
or  discipline  the  same  before  complying  with  the  provisions  of  sections 
10787  and  10804  shall  forfeit  all  right,  title  and  claim  to  any  compensa- 


32  Revised  School  Laws. 

tion  therefor,  and  shall  be  deemed  guilty  of  a  misdemeanor  and  punished 
by  a  fine  not  to  exceed  one  hundred  dollars ;  and  any  director  who  shall 
indorse  or  encourage  said  teacher  in  such  unlawful  conduct  shall  in  like 
manner  be  deemed  guilty  of  a  misdemeanor  and  punishable  by  a  like  fine. 
(B.  S.  1899,  §  9797,  amended,  L.  1909,  p.  770.) 

Sec.  10806.  Instruction  in  physiology  and  hygiene. — Physiology 
and  hygiene,  including  their  several  branches,  with  special  instruction  as 
to  tuberculosis,  its  nature,  causes  and  prevention,  and  the  effect  of  alco- 
holic drinks,  narcotics  and  stimulants  on  the  human  system,  shall  con- 
stitute a  part  of  the  course  of  instruction,  and  be  taught  in  all  schools 
supported  wholly  or  in  part  by  public  money  or  under  state  control. 
(R.  S.  1899,  §  9799,  amended,  L.  1909,  p.  770.) 

Sec.  10807.  Begister  of  attendance. — It  shall  be  the  duty  of  every 
teacher  employed  in  any  of  the  public  schools  of  the  state  to  keep  a 
daily  register,  in  which  the  names,  ages  and  date  of  entrance  of  the  pupils 
shall  be  entered,  and  the  studies  pursued  by  the  same ;  the  date  of  each 
visitation  by  the  directors  or  other  school  officers,  which  register  shall  be 
open  to  the  inspection  of  the  public  at  all  times.  (R.  S.  1899,  §  9800,  re- 
enacted,  L.  1909,  p.  770.) 

Teachers'  register  kept  under  this  section  is  evidence  of  the  age  of  pupil  whose 
name  appears  therein.  Levels  v.  Ry.,  196  Mo.  606. 

Sec.  10808.  County  school  funds. — It  is  hereby  made  the  duty  O-L 
the  several  county  courts  of  this  state  to  diligently  collect,  preserve  and 
securely  invest,  at  the  highest  rate  of  interest  that  can  be  obtained,  not 
exceeding  eight  nor  less  than  four  per  cent,  per  annum,  on  unincumbered 
real  estate  security,  worth  at  all  times  at  least  double  the  sum  loaned,  and 
may,  in  its  discretion,  require  personal  security  in  addition  thereto,  the 
proceeds  of  all  moneys,  stocks,  bonds  and  other  property  belonging  to 
the  county  school  fund ;  also,  the  net  proceeds  from  the  sale  of  estrays ; 
also,  the  clear  proceeds  of  all  penalties  and  forfeitures,  and  of  all  fines 
collected  in  the  several  counties  for  any  breach  of  the  penal  or  military 
laws  of  this  state,  and  all  moneys  which  shall  be  paid  by  persons,  as  an 
equivalent  for  exemption  from  military  duty,  shall  belong  to  and  be  se- 
curely invested  and  sacredly  preserved  in  the  several  counties  as  a  county 
public  school  fund,  the  income  of  which  fund  shall  be  collected  annually, 
and  faithfully  appropriated  for  establishing  and  maintaining  free  public 
schools  in  the  several  counties  of  this  state.  (R.  S.  1899,  §  9824,  amend- 
ed, L.  1909,  p.  770.) 

A  party  who  signed  a  school  fund  bond  as  additional  security  and  looked  after 
payment  of  interest  thereon  for  six  years,  cannot  escape  liability  by  proving  that  the 
only  authority  for  demanding  such  bond  was  an  order  made  nunc  pro  tune  by  county 
court  after  such  bond  was  signed.  The  county  court  cannot  release  a  surety  nor  dele- 
gate its  power  to  make  loans  of  school  funds.  Montgomery  Co.  v.  Auchly,  103  Mo.  493. 
An  attorney's  fee  and  expenses  incurred  in  protecting  school  funds  should  be  paid  out 
of  the  school  fund  protected.  Morrow  v.  Pike  Co.,  189  Mo.  610.  A  second  mortgage 
on  real  estate  should  not  be  taken,  but  when  taken  is  a  valid  lien.  Sharp  v.  Collins, 
74  Mo.  266. 

Failure  of  county  court  to  take  mortgage  in  fee  on  unincumbered  real  estate 
does  not  release  surety  on  note.  15  Mo.  604. 

Powers  of  county  court,  sureties  on  school  fund,  bonds,  etc.,   discussed.     103  Mo. 


Revised  School- Laws.  33 

492.     The  judges  of  the  county  court  will  be  held  accountable  for  any  diversion  of  the 
school  funds.     110  Mo.  67. 

Sec.  10809.  School  fund  not  to  be  loaned  to  certain  persons — 
penalty. — The  county  court  shall  not  loan  any  money  belonging  to  the 
school  fund  to  any  officer  of  the  county  or  his  deputy,  nor  shall  such 
officer  or  his  deputy  be  accepted  as  security  on  the  obligation  given  by 
the  person  borrowing.  Any  officer  of  the  county  who  shall  violate  the 
provisions  of  this  section  by  authorizing  any  such  loan  or  drawing  any 
warrant  for  moneys  loaned  in  violation  of  this  section  shall  be  held  re- 
sponsible for  the  sum  so  loaned,  with  interest  thereon,  to  be  recovered  in 
the  name  of  the  county  to  the  use  of  the  district  whose  fund  has  been  so 
used.  (R.  S.  1899,  §  9825,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10810.  County  court  to  have  jurisdiction  of  county  school 
fund, — Whenever  any  county  in  this  state  may  have,  separate  and 
apart  from  the  township  funds,  any  public  school  fund  arising  from  any 
source  whatever,  the  same  shall  be  under  the  jurisdiction  of  the  county 
court  of  said  county,  who  shall  be  governed  in  its  care  and  investment  by 
the  same  rules  and  regulations  as  govern  its  actions  in  the  township 
funds — the  proceeds  of  said  funds  to  be  collected  annually  and  dis- 
tributed as  provided  in  section  10822.  (R.  S.  1899,  §  9826,  re-enacted, 

^9,  p.  770.) 

Sec.  10811.  Collection  of  fines  and  penalties  and  other  school 
moneys. — The  county  treasurer  shall  collect,  or  cause  to  be  collected, 
all  school  moneys  mentioned  in  section  10808,  and  all  other  moneys  for 
school  purposes  in  his  county,  and  shall  give  the  party  paying  duplicate 
receipts  therefor,  and  said  party  shall  file  one  of  said  receipts  with  the 
county  clerk,  who  shall  file  the  same  and  charge  the  same  to  the  county 
treasurer ;  said  clerk  shall  thereupon  credit  the  bond  and  mortgage  with 
the  amount  of  said  receipt,  and  when  the  amount  of  said  receipts  is  in 
full  of  all  interest  and  principal  of  said  bond  and  mortgage,  then  the 
clerk  shall  satisfy  said  mortgage  of  record.  Any  person  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and 
punished  by  a  fine  not  to  exceed  five  hundred  dollars.  (R.  S.  1899, 
§  9827,  re-enacted,  L.  1909,  p.  770.) 

County  clerk  has  no  authority  to  collect  school  funds,  and  a  payment  to  him 
does  not  release  mortgage.  County  v.  Goggin,  105  Mo.  182. 

Sec.  10812.  Township  school  fund,  source  of. — The  proceeds  of 
the  sixteenth  section,  or  other  lands  selected  in  lieu  thereof,  the  interest 
of  such  proceeds,  the  rents  and  profits  of  such  lands,  and  all  the  public 
school  moneys  which  shall  be  apportioned  to  any  unorganized  township, 
arising  from  dividends,  proceeds  and  profits  of  the  public  school  fund, 
shall  constitute  a  township  school  fund.  (R.  S.  1899,  §  9828,  re-enacted, 
L.  1909,  p.  770.) 

In  action  by  state  to  recover  land,  production  of  survey  not  necessary  where  an- 
swer sufficiently  admits  land  claimed  has  been  sufficiently  designated.  19  Mo.  607. 
When  state  and  Inhabitants  estopped  from  afterwards  claiming  land.  18  Mo.  313.  Title 
of  State  of  Missouri  to  sixteenth  section  granted  by  act  of  Congress,  March  6,  1820,  for 
school  purposes,  Is  not  impaired  or  destroyed  by  previous  location  of  a  New  Madrid 
certificate  upon  these  sections.  13  Mo.  139. 


34  Revised  School  Laius. 

Sec,  10813,  Management  of  school  funds, — The  county  courts,  re- 
spectively, shall  have  the  care  and  management  of  the  school  funds  of  the 
several  townships  within  their  respective  jurisdictions,  and  shall  cause 
accounts  thereof  to  be  stated  and  kept  so  as  to  exhibit  the  funds  of  each 
township  separately,  and  the  disposition  thereof.  (R.  S.  1899,  §  9829, 
re-enacted,  L.  1909,  p.  770.) 

The  county  court,  in  its  management  of  township  school  funds,  acts  for  benefit  of 
the  several  townships  who  hold  the  equitable  title  to  such  funds.  County  courts  should 
obtain  additional  security  or  foreclose  mortgages  whenever  the  security  from  any  cause 
becomes  unsafe.  Ray  Co.  v.  Bentley,  49  Mo.  236;  State  ex  rel.  v.  Bonner,  5  A.  13. 
Since  the  case  of  Ray  Co.  v.  Bentley  (49  Mo.  236)  was  decided,  section  10821  has  been 
enacted,  authorizing  counties  to  purchase  lands  sold  under  school  mortgage.  (Acts 
1874,  p.  161.) 

Sale  of  land,  mortgaged  for  school  funds,  loaned,  made  by  sheriff,  without  proper 
order  from  county  court,  is  a  nullity.  53  Mo.  147. 

Sec.  10814.    Transfer  of  funds  when  county  lines  are  changed. — 

Whenever,  by  the  establishment  of  a  new  county  or  change  of  county 
lines,  any  township  shall  fall  within  the  jurisdiction  of  a  different  county, 
the  court  having  charge  of  the  public  school  fund  of  said  township  shall 
cause  an  account  thereof  to  be  stated,  and  the  funds,  together  with  all 
mortgages,  bonds  and  other  securities  belonging  to  the  said  fund,  shall 
be  transferred  to  the  court  of  the  county  thus  acquiring  jurisdiction  over 
such  township.  (R.  S.  1899,  §  9830,  amended,  L.  1909,  p.  770.) 

Sec.  10815.  Capital  of  township  fund,  how  invested. — Whenever 
there  shall  be  in  the  county  treasury  any  money  belonging  to  the  capital 
of  the  school  fund  of  any  township  therein,  the  county  court  of  such 
county  shall  loan  the  same  for  the  highest  interest  that  can  be  obtained, 
not  exceeding  eight  nor  less  than  four  per  cent,  per  annum,  upon  condi- 
tions and  subject  to  the  restrictions  hereinafter  set  forth.  (R.  S.  1899, 
§  9831,  re-enacted,  L.  1909,  p.  770.) 

A  county  court  having  loaned  school  funds  has  no  right,  upon  application  of  the 
inhabitants  of  the  township,  to  reduce  the  rate  of  interest.  The  county  courts  are 
trustees  for  these  funds,  and  cannot  dispose  of  principal  or  interest  otherwise  than 
the  law  prescribes.  And  if  by  Border  they  reduce  the  rate  of  interest  on  the  loan,  they 
may  be  compelled  by  mandamus  to  collect  the  full  amount  originally  contracted  for. 
15  Mo.  412  ;  103  Mo.  492. 

Sec.  10816.  Security  for  loans. — When  any  moneys  belonging  to 
said  funds  shall  be  loaned  by  the  county  courts,  they  shall  cause  the 
same  to  be  secured  by  a  mortgage  in  fee  on  real  estate  within  the  county, 
free  from  all  liens  and  incumbrances,  of  the  value  of  double  the  amount 
of  the  loan,  with  a  bond,  and  may,  if  they  deem  it  necessary,  also  require 
personal  security  on  such  bond;  and'no  loan  shall  be  made  to  any  person 
other  than  an  inhabitant  of  the  same  county,  nor  shall  any  person  be  ac- 
cepted as  security  who  is'  not  at  the  time  a  resident  householder  therein, 
who  does  not  own  and  is  not  assessed  on  property  in  an  amount  equal  to 
that  loaned,  in  addition  to  all  the  debts  for  which  he  is  liable  and  proper- 
ty exempt  from  execution.  In  all  cases  of  loan,  the  bond  shall  be  to  the 
county,  for  the  use  of  the  township  to  which  the  funds  belong,  and  shall 
specify  the  time  when  the  principal  is  payable,  rate  of  interest  and  the 
time  when  payable ;  that  in  default  of  payment  of  the  interest,  annually, 
or  failure  by  principal  in  the  bond  to  give  additional  security  when 


Revised  School  Laws.  35 

.. 

thereto  lawfully  required,  both  the  principal  and  interest  shall  become 
due  and  payable  forthwith,  and  that  all  interest  not  punctually  paid  shall 
bear  interest  at  the  same  rate  of  interest  as  the  principal.  But  before 
any  loan  shall  be  effected,  the  borrower  shall  file  with  the  county  court 
an  abstract  of  title  at  the  time  he  files  his  bond  and  mortgage  to  the  real 
estate  which  is  to  be  mortgaged.  (R.  S.  1899,  §  9832,  amended,  L.  1909, 
p.  770.) 

The  county  is  the  proper  party  to  maintain  suit  for  township  funds  loaned. 
Lafayette  Co.  v.  Hixon,  69  Mo.  581;  State  ex  rel.  v.  Sappington,  68  Mo.  454.  County 
court  has  right  to  release  mortgage  on  one  tract  and  accept  mortgage  on  other  lands  to 
secure  the  debt  when  this  can  be  done  without  detriment  or  risk  to  the  school  fund, 
and  sureties  on  personal  bond  cannot  complain  unless  they  are  injured.  Lafayette 
Co.  v.  Hixon,  69  Mo.  581.  A  chattel  mortgage  given  to  county  as  additional  security 
without  any  demand  having  been  made  for  such  additional  security  is  void  as  to  unse- 
cured creditors  of  mortgagor.  Paddock  et  al.  vs.  McDonald,  61  A.  559. 

County  court  has  power  to  release  mortgage  taken  as  security  for  school  funds 
upon  receiving  in  its  place  mortgage  upon  other  lands.  74  Mo.  266;  103  Mo.  492;  108 
Mo.  294.  Mortgage  given  to  county  to  secure  loan  of  school  money  is  not  void  because 
it  is  a  school  mortgage.  This  statute  is  directory.  74  Mo.  266. 

Sec.  10817.  Form  of  mortgage — notice  of  sale — fees,  how  paid.— 
Every  mortgage  taken  under  the  provisions  of  this  chapter  shall  be 
in  the  ordinary  form  of  a  conveyance  in  fee,  shall  recite  the  bond,  and 
shall  contain  a  condition  that  if  default  shall  be  made  in  payment  of 
principal  or  interest,  or  any  part  thereof,  at  the  time  when  they  shall 
severally  become  due  and  payable,  according  to  the  tenor  and  effect  of 
the  bond  recited,  the  sheriff  of  the  county  may,  upon  giving  twenty 
days'  notice  of  the  time  and  place  of  sale,  by  publication  in  some  news- 
paper published  in  the  county,  if  there  be  one  published,  and  if  not,  by 
at  least  six  written  or  printed  handbills,  put  up  in  different  public  places 
in  the  county,  without  suit  on  the  mortgage,  proceed  and  sell  the  mort- 
gaged premises,  or  any  part  thereof,  to  satisfy  the  principal  and  interest, 
and  make  an  absolute  conveyance  thereof,  in  fee,  to  the  purchaser, 
which  shall  be  as  effectual  to  all  intents  and  purposes  as  if  such  sale  and 
conveyance  were  made  by  virtue  of  a  judgment  of  a  court  of  competent 
jurisdiction  foreclosing  the  mortgage.  In  all  cases  of  loan  of  school 
funds  in  the  various  counties,  the  expense  of  drawing'  and  preparing  se- 
curities therefor,  and  of  acknowledging  and  recording  mortgages,  in- 
cluding the  fees  of  all  officers  for  the  filing,  certifying  or  recording  such 
mortgages  and  other  securities,  shall  be  paid  by  the  borrowers  respect- 
ively. (R.  S.  1899,  §  9833,  re-enacted,  L.  1909,  p.  770.) 

The  provisions  of  this  section  in  regard  to  form  of  mortgage  are  directory,  and 
immaterial  departures  from  its  requirements  will  be  disregarded.  A  common  law 
mortgage  given  for  school  funds  creates  a  valid  lien.  Mann  v.  Best,  62  Mo.  491 ;  Grant 
v.  Huston,  105  Mo.  97;  Snyder  v.  Ry.,  131  Mo.  568.  A  school  mortgage  made  in  pur- 
suance of  this  section  cannot  be  foreclosed  by  sheriff  until  the  county  court  has  made 
and  delivered  to  him  its  order  commanding  such  foreclosure,  as  provided  in  section 
10S19.  Benton  Co.  v.  Morgan,  163  Mo.  661,  676. 

Sale  under  foreclosure  of  school  fund  mortgage  held  a  sale  for  cash,  as  required 
by  its  terms.  131  Mo.  568;  115  Mo.  524.  Where  mortgage  is  taken  for  loan  of  school 
fund,  statute  must  be  in  all  respects  complied  with.  62  Mo.  491. 

Sec.  10818.    County  court  may  require  additional  security. — The 

county  court  shall  have  powrer,  from  time  to  time,  to  require  additional 


36  Revised  School  Laws. 

security  to  bo  given  on  said  bond  when  they,  in  their  judgment,  deem 
it  necessary  for  the  better  preservation  of  the  fund.  If  such  additional 
security  be  not  given  within  ten  days  after  an  order  to  that  effect  shall 
be  made  and  served  on  the  principal  in  the  bond,  and  in  all  cases  of  de- 
fault in  the  payment  of  interest,  the  court  shall  proceed  to  enforce  pay- 
ment of  both  principal  and  interest  by  writ,  or  in  a  summary  manner,  as 
provided  in  this  chapter.  (R.  S.  1899,  §  9834,  re-enacted,  L.  1909, 
p.  770.) 

County  court  may  require  additional  security.     103  Mo.  492. 

Sec.  10819.  County  court  may  make  order  of  sale,  when.— When- 
ever the  principal  and  interest,  or  any  part  thereof,  secured  by  mort- 
gage containing  a  power  to  sell,  shall  become  due  and  payable,  the  county 
court  may  make  an  order  to  the  sheriff,  reciting  the  debt  and  interest  to 
be  received,  and  commanding  him  to  levy  the  same,  with  costs,  upon  the 
property  conveyed  by  said  mortgage,  which  shall  be  described  as  in  the 
mortgage;  and  a  copy  of  such  order,  duly  certified,  being  delivered  to 
the  sheriff,  shall  have  the  effect  of  a  fieri  facias  on  a  judgment  of  fore- 
closure by  the  circuit  court,  and  shall  be  proceeded  with  accordingly. 
(R.  S.  1899,  §  9835,  re-enacted,  L.  1909,  p.  770.) 

County  court  has  power  under  the  Constitution  to  order  the  foreclosure  of  school 
mortgages,  as  provided  in  this  section,  but  if  the  sheriff  sell  before  receiving  certified 
copy  of  the  order  of  the  court,  the  sale  is  void.  Benton  Co.  v.  Morgan,  163  Mo.  661. 
An  error  in  sheriff's  notice  of  sale,  if  not  known  to  purchaser,  does  not  affect  validity 
of  sale.  Mitchell  v.  County,  80  Mo.  257.  When  county's  agent  was  misled  by  sheriff 
and  purchaser,  sale  may  be  set  aside  for  gross  inadequacy  of  consideration.  Cole  Co. 
v.  Madden,  91  Mo.  585.  When  sale  under  school  mortgage  is  invalid  because  the  order 
of  sale  did  not  properly  recite  the  debt,  the  purchaser  becomes  subr'ogated  to  the 
rights  of  mortgagor.  Honaker  v.  Shough,  55  Mo.  472.  Suoh  purchaser  cannot  collect 
from  mortgagor  unpaid  balance  of  the  mortgage;  such  balance  not  covered  by  pur- 
chaser's bid  belongs  to  county.  Wells  v.  County,  80  Mo.  424.  For  selling  under  school 
mortgage,  sheriff  is  entitled  to  same  fee  as  for  sales  under  executions.  Jackson  Co.  v. 
Stone,  168  Mo.  577. 

Where  order  of  county  court,  foreclosing  mortgage  given  to  county  to  secure 
school  debt,  did  not  truly  recite  debt  so  as  to  sufficiently  identify  mortgage,  held  that 
sale  thereunder  did  not  transfer  title.  53  Mo.  147.  Money  expended  by  county  court 
in  suits  to  stay  waste  and  protect  security  of  school  mortgages,  held  payable  out  of 
fund  protected.  58  Mo.  276;  64  Mo.  179.  Statute  relating  to  securities  does  not  apply 
to  bonds  given  county  for  school  money.  50  Mo.  225.  When  sale  under  this  section 
will  be  set  aside  on  account  of  conduct  of  sheriff  and  agent  of  county.  80  Mo.  424  ; 
91  Mo.  585;  115  Mo.  524. 

Sec.  10820.  Receipts  for  principal  or  interest  of  loan  paid. — When 
any  portion  of  principal  or  interest,  or  both,  may  be  collected,  as  pro- 
vided in  any  of  the  foregoing  sections,  it  shall  be  paid  into  the  county 
treasury ;  and  it  shall  be  the  duty  of  the  treasurer  to  give  the  person  mak- 
ing payment  thereof  duplicate  receipts,  specifying  the  sums  paid  and  on 
what  account.  One  of  said  receipts  shall  be  given  to  the  clerk  of  the 
county  court,  who  shall  file  and  preserve  the  same  in  his  office,  charge 
the  treasurer  with  the  amount,  and  credit  the  payment  to  the  party  on 
whose  account  it  is  made  on  his  bond  and  mortgage.  (R.  S.  1899,  §  9836, 
re-enacted,  L.  1909,  p.  770.) 

County  clerk  has  no  authority  to  collect  school  money  and  release  mortgage. 
Knox  Co.  v.  Groggin,  105  Mo.  182. 


Revised  School  Laws.  37 

Endorsement  by   county   clerk  of  payments  of  interest  upon  bond  given  for  loan 
of  school  moneys  is  competent  evidence  of  such  payments.     35  Mo.  395. 

Sec.  10821.  Authority  to  repossess  property  by  purchase. — When- 
ever any  property  heretofore  or  hereafter  conveyed  in  trust  or  mortgaged 
to  secure  the  payment  of  a  loan  of  school  funds  shall  be  ordered  to  be  sold 
under  the  provisions  of  this  chapter,  or  by  virtue  of  any  power  in  such 
conveyance  in  trust  or  mortgage  contained,  the  county  court  having  the 
care  and  management  of  the  school  fund  or  funds  out  of  which  such  loan 
was  made  may,  in  its  discretion,  for  the  protection  of  the  interest  of  the 
schools,  become,  through  its  agent  thereto  duly  authorized,  a  bidder,  on 
behalf  of  its  county,  at  the  sale  of  such  property  as  aforesaid,  and  may 
purchase,  take,  hold  and  manage  for  said  county,  to  the  use  of  the  town- 
ship out  of  the  school  fund  of  which  such  loan  was  made,  or  in  its  own 
name  where  such  loan  has  been  made  out  of  the  general  school  funds,  the 
property  it  may  acquire  at  such  sale  aforesaid.  The  county  court  of  any 
county  holding  property  acquired  as  aforesaid  may  appoint  an  agent  to 
take  charge  of,  rent  out  or  lease  or  otherwise  manage  the  same,  under 
the  direction  of  said  court ;  but  as  soon  as  practicable,  and  in  the  judg- 
ment of  said  court  advantageous  to  the  school  or  schools  interested  there- 
in, such  property  shall  be  resold  in  such  manner  and  on  such  terms,  at 
public  or  private  sale,  as  said  court  may  deem  best  for  the  interest  of 
said  school  or  schools;  and  the  money  realized  on  such  sale,  after  the 
payment  of  the  necessary  expenses  thereof,  shall  become  part  of  the 
school  fund  out  of  which  the  original  loan  was  made.  (R.  S.  1899,  §  9837, 
re-enacted,  L.  1909,  p.  770.) 

County  can  maintain  ejectment  for  possession  of  lands  purchased  under  this  sec- 
tion. Lincoln  Co.  v.  Magruder,  3  A.  314.  When  one  has  purchased  swamp  lands  and 
given  his  mortgage  to  secure  the  purchase  price,  but  the  deed  from,  county  is  not  made 
until  after  the  mortgage  is  executed,  such  deed  does  not  release  the  mortgage.  Williams 
v.  Brownlee,  101  Mo.  309. 

Sale  of  land  under  this  section,  how  set  aside.  91  Mo.  585.  Recital  in  deed  from 
county  that  county  had  appointed  commissioner  to  convey  land;  and  that  granttee 
therein  had  become  the  purchaser  and  paid  price  in  full  with  interest,  does  not  tend 
to  show  private  sale.  101  Mo.  309. 

Where  defendants  allege  that  the  county  court  had  an  agent  present  at  the 
sale  who  bid  on  the  property,  they  will  not  be  heard  on  appeal  to  deny  the  presence 
of  such  agent,  because  of  the  failure  of  the  county  court  to  appoint  by  entry  of 
record.  91  Mo.  585. 

Sec.  10822.  Apportionment  of  public  school  fund. — The  state 
superintendent  of  public  schools  shall,  annually,  before  August  15th,  ap- 
portion the  public  school  fund  applied  for  the  benefit  of  the  public  schools 
among  the  different  counties.  This  apportionment  shall  be  made  as  fol- 
lows: The  state  superintendent  shall  apportion,  among  the  various 
counties,  fifty  dollars  for  each  teacher,  each  principal,  and  each  super- 
visor actually  employed  for  the  entire  term :  Provided,  that  any  teacher 
employed  for  less  than  one-half  of  the  day  shall  not  be  counted;  any 
teacher  employed  for  less  than  one-half  of  the  term  for  which  school  is 
maintained  in  the  district  shall  not  be  counted;  for  each  teacher  em- 
ployed for  more  than  one-half  of  the  school  term  of  the  district  and  less 
than  nine-tenths  of  the  school  term,  he  shall  apportion  only  twenty-five 
dollars :  Provided,  also,  that  he  shall  apportion  only  twenty-five  dollars 


38  Revised  School  Laws. 

for  the  teacher  of  any  district  in  which  the  average  attendance  during 
the  year  preceding  the  apportionment  has  been  less  than  fifteen  pupils 
per  day :  Provided  further,  that  he  shall  apportion  one  hundred  dollars 
for  each  teacher  whose  salary  is  one  thousand  dollars  or  more  per  year : 
Provided,  that  he  shall  apportion  fifty  dollars  for  each  teacher  of  any 
district  that  employs  only  two  teachers,  one  of  whom  is  colored  and  one 
white:  Provided,  that  no  teacher,  principal,  or  supervisor,  who  is  not 
paid  by  the  school  board  from  the  public  funds  of  the  district  shall  be 
counted.  After  these  teacher  apportionments  have  been  deducted  the 
remainder  of  the  state  school  fund  to  be  apportioned  shall  be  divided  by 
the  total  number  of  days'  attendance  of  all  the  pupils  of  the  public 
schools  of  the  state  and  the  quotient  thus  obtained  shall  be  called  a  pupil 
daily  apportionment.  The  amount  apportioned  to  each  district  shall  be 
determined  by  multiplying  this  pupil  daily  apportionment  by  the  total 
number  of  days'  attendance  of  all  pupils  of  each  district:  Provided, 
that  the  days'  attendance  on  legal  holidays  and  on  days  when  the  school 
is  dismissed  by  order  of  the  board  to  permit  teachers  to  attend  teachers' 
meetings  shall  be  determined  by  counting  as  present  each  pupil  who  was 
present  on  the  last  day  the  school  was  in  session  before  such  intermis- 
sion. The  clerk  of  each  school  district  shall  make  a  report  to  the  county 
clerk  between  June  15th  and  June  30th  of  each  year,  showing  the  num- 
ber of  teachers  employed,  the  total  number  of  days'  attendance  of  all 
pupils,  the  length  of  the  school  term,  the  average  attendance,  the  number 
of  days  taught  by  each  teacher,  the  salary  of  each  teacher,  and  any 
other  information  that  the  state  superintendent  may  require.  The  afore- 
said report  shall  be  sworn  to  before  a  notary  public  or  the  county  clerk. 
The  county  clerk  shall  make  a  summary  of  all  these  reports  and  forward 
to  the  state  superintendent  of  public  schools,  on  or  before  July  15th,  a 
report  showing  the  total  number  of  teachers  employed  in  the  county  and 
the  total  number  of  days'  attendance  of  all  pupils  in  the  county,  the 
number  of  teachers  employed  for  the  full  term,  and  the  number  for  half 
terms,  and  the  number  whose  salary  is  one  thousand  dollars  or  more  per 
year,  and  such  other  information  as  the  state  superintendent  may  re- 
quire. Any  district  clerk,  county  clerk,  or  teacher,  who  shall  knowingly 
furnish  any  false  information  in  such  reports,  or  neglect  or  refuse  to 
make  aforesaid  report  shall  be  deemed  guilty  of  a  misdemeanor  and  pun- 
isable  by  a  fine  not  exceeding  five  hundred  dollars  or. imprisonment  in  the 
county  jail  for  a  term  not  exceeding  six  months  or  by  both  such  fine  and 
imprisonment.  The  state  superintendent  of  public  schools  shall  certify 
the  amount  so  apportioned  to  the  state  auditor,  also  to  the  county  clerk 
of  each  county,  stating  from  what  source  the  same  is  derived,  which  said 
sum  the  several  county  treasurers  shall  retain  in  their  respective  county 
treasuries  from  the  state  fund ;  the  county  clerks  shall  annually  before 
September  first,  according  to  the  same  provisions  hereinbefore  stated, 
for  determining  the  apportionment  of  the  state  school  fund  by  the  state 
superintendent  of  public  schools  proceed  to  apportion  the  state  school 
fund  for  their  respective  counties ;  and  no  district,  city,  or  town  which 
shall  have  failed  to  make  this  report  to  the  county  clerk  hereinbefore 
required,  shall  be  entitled  to  receive  any  portion  of  the  public  school 


Revised  School  Laws.  39 

funds;  and  in  making  such  distribution,  each  county  clerk  shall  appor- 
tion all  moneys  collected  on  tax  duplicate  of  any  district,  for  the  use  of 
schools  to  such  district,  all  moneys  received  from  the  state  treasurer,  and 
all  moneys  on  account  of  interest  of  the  funds  accruing  from  the  sale  of 
section  sixteen,  or  other  lands  in  lieu  thereof  to  the  district  schools  in 
the  congressional  townships,  and  parts  of  congressional  townships  to 
which  said  land  belonged,  and  all  other  moneys  for  the  use  of  schools  in 
the  county,  and  not  otherwise  apportioned  by  law,  to  the  proper  district : 
Provided,  that  all  school  moneys  for  the  use  of  schools  in  any  townships 
or  parts  of  townships  and  all  moneys  for  the  use  of  schools  in  any  county 
shall  be  apportioned  upon  the  last  enumeration  on  file  in  the  office  of  the 
county  clerk,  except  the  state  school  funds,  which  shall  be  apportioned 
as  hereinbefore  provided;  and  he  shall  immediately  after  making  such 
apportionment  enter  the  same  in  a  book  to  be  kept  for  that  purpose, 
and  shall  furnish  the  district  clerks,  and  those  of  cities  and  villages, 
as  the  case  may  be,  each  a  copy  of  said  apportionment,  and  order  the 
county  treasurer  to  place  such  amount  to  the  credit  of  the  district, 
city,  or  town  entitled  to  receive  the  same :  Provided,  that  no  school  dis- 
trict which  fails  to  levy  a  tax  of  forty  cents  on  the  one  hundred  dollars' 
assessed  valuation,  unless  the  assessment  of  a  less  amount,  together 
with  the  moneys  received  from  the  public  funds,  shall  amount  to  three 
hundred  and  fifty  dollars  for  school  purposes,  shall  receive  any  part 
of  the  public  school  moneys  for  the  ensuing  school  year,  and  the  county 
clerk  shall  omit  such  districts  in  the  apportionment  of  the  public 
moneys:  Provided  further,  that  no  district,  city  or  town  that  shall 
have  failed  to  afford  the  children  thereof  the  privileges  of  a  free  school 
for  at  least  eight  months  during  the  year  ending  the  30th  day  of  June 
previous  to  the  said  distribution,  provided  a  tax  of  forty  cents  on  the 
one  hundred  dollars'  assessed  valuation,  together  with  the  public  funds, 
will  maintain  the  same,  shall  be  entitled  to  any  portion  of  the  public 
school  fund  for  that  year.  This  act  shall  take  effect  and  be  in  force  on 
and  after  the  first  day  of  September,  1911.  (Session  Acts  1911.) 

Note  that  a  district  that  does  not  levy  a  tax  of  forty  cents  on  the  one  hundred 
dollars  is  not  entitled  to  any  part  of  the  public  funds  unless  a  smaller  J«vy  with  the 
public  funds  will  produce  $350.  The  cash  on  hand  is  not  to  be  counted  as  a  part  of 
the  $350. 

Sec.  10823.  Correction  of  error  in  apportionment — distribution  of 
funds. — The  state  superintendent  of  public  schools  is  hereby  author- 
ized to  correct  any  error  made  in  the  apportionment  of  the  public  school 
funds  among  the  various  counties  of  this  state  out  of  the  public  school 
fund  of  the  year  next  following  the  date  when  such  mistake  was  made, 
and  the  amount  set  apart  to  any  county  for  the  purpose  of  correcting  an 
error  shall  be  by  him  certified  to  the  state  auditor  and  to  the  county 
clerk,  and  the  state  auditor  shall  draw  a  warrant  on  the  state  treasurer 
for  the  amount  so  certified  in  favor  of  the  treasurer  of  said  county,  and 
the  county  clerk  shall  apportion  said  funds  to  the  various  districts  in  said 
county  as  the  funds  of  the  year  in  which  said  error  occurred,  and  the 
county  treasurer  may  pay  outstanding  warrants  for  teachers'  wages  is- 
sued during  the  school  year  in  which  said  error  occurred,  not  to  exceed 
the  correction  made.  (B,  S.  1899,  §  9841,  amended,  L.  1909,  p.  770.) 


40  Revised  School  Laws. 

Sec.  10824.  Distribution  of  funds  when  township  lies  in  two  coun- 
ties.— Whenever  any  congressional  township  shall  lie  in  two  or  more 
counties,  the  township  school  fund  of  such  township  shall  be  divided 
among  the  aforesaid  counties  in  proportion  to  the  amount  of  territory 
in  the  fractional  township  included  in  each  county,  as  follows:  The 
county  court  of  the  county  in  which  section  sixteen  is  located  shall, 
upon  a  requisition  of  the  county  clerk  of  any  county  containing  a 
fractional  part  of  such  township,  issue  an  order  transferring  the 
amount  due  such  county  under  this  section  into  the  care,  keeping  and 
custody  of  the  county  court  thereof;  and  said  fund  shall  be  loaned, 
and  the  income  derived  therefrom  shall  be  apportioned,  annually,  to 
such  fractional  township  as  though  it  were  an  entire  township;  and 
the  township  funds  of  all  entire  townships  and  all  fractional  town- 
ships included  within  the  limits  of  any  county  in  this  state  shall  be 
handled  and  controlled  by  the  proper  officers  of  such  county,  as  set  forth 
in  this  chapter.  The  provisions  of  this  section  shall  not  apply  to  any  con- 
gressional township  intersected  by  the  Missouri  river.  (R.  S.  1899,  § 
9843,  re-enacted,  L.  1909.,  p.  770.) 

Sec.  10825.  Duties  of  county  clerk — assessment  of  estimates. — On 
receipt  of  the  estimates  of  the  various  districts,  the  county  clerk  shall  pro- 
ceed to  assess  the  amount  so  returned  on  all  taxable  property,  real  and 
personal,  in  said  district,  as  shown  by  the  last  annual  assessment  for 
state  and  county  purposes,  including  all  statements  of  merchants  in  each 
district  of  the  amount  of  goods,  wares  and  merchandise  owned  by  them 
and  taxable  for  state  and  county  purposes:  Provided,  that  the  levy 
thus  extended  shall  not  exceed  in  any  one  year  as  follows :  For  building 
purposes,  one  per  centum  in  town  school  districts,  and  not  more  than 
sixty-five  cents  on  the  one  hundred  dollars  in  other  districts ;  for  school 
purposes,  one  per  centum  in  town  school  districts,  and  not  more  than 
sixty-five  cents  on  the  one  hundred  dollars  in  other  districts ;  for  sinking 
fund,  forty  cents  on  the  one  hundred  dollars'  valuation,  and  a  sufficient 
amount  to  pay  interest  on  bonded  indebtedness ;  all  of  which  shall  be  ex- 
tended by  the  county  clerk  upon  the  general  tax  books  of  the  county  for 
said  year  in  separate  columns  arranged  for  that  purpose ;  and  the  county 
clerks  shall  list  the  names  of  all  persons  owning  any  personal  property 
who  do  not  reside  in  any  school  district,  and  the  value  thereof ;  also,  list 
all  lands  and  town  lots  in  any  territory  not  organized  into  a  school  dis- 
trict, and  shall  levy  a  tax  of  forty  cents  on  the  one  hundred  dollars' 
valuation  on  all  such  taxable  property,  said  taxes  to  be  collected  as  other 
taxes  and  distributed  as  provided  in  section  10822,  and  it  shall  be  the 
duty  of  the  county  assessor  in  listing  property  to  take  the  number  of  the 
school  district  in  which  said  taxpayer  resides  at  the  time  of  making  his 
list,  to  be  by  him  marked  on  said  list,  and  also  on  the  personal  assessment 
book,  in  columns  provided  for  that  purpose.  (R.  S.  1899,  §  9844,  re-en- 
acted, L.  1909,  p.  770.) 

County  clerk  may  "assess"  (levy  and  extend)  taxes  against  property,  but  he  can- 
not assess  property  omitted  by  assessor.  School  Dist.  v.  Wickersham,  34  A.  337.  When 
new  district  is  formed,  clerk  should  not  levy  taxes  for  old  district  on  property  of  such 
new  district,  even  though  new  district  has  failed  to  adopt  a  plat  thereof.  State  ex  rel. 
v.  Burford,  82  A.  343.  When  county  clerk  assessed  personal  property  for  school  pur- 


School  Laws.  41 

poses  in  district  where  owner  of  such  property  does  not  reside,  the  collector  cannot 
change  the  tax  book  nor  correct  the  error.  State  ex  rel.  v.  Brown,  172  Mo.  374.  Such 
tax  is  illegal  and  cannot  be  collected.  State  ex  rel.  v.  Shepard,  218  Mo.  656.  When 
single  man  has  farm  in  one  district  and  temporarily  lodges  in  another,  his  home  is 
where  his  farm  is  located.  Same  case,  218  Mo.  656.  The  clerk  cannot  levy  or  extend 
school  taxes  on  roadbed,  rolling  stock  and  movable  property  of  railroad  until  such  tax 
has  been  levied  by  county  court,  as  provided  in  section  9364.  State  ex  rel.  v.  Ry.,  135 
Mo.  618. 

County  courts  have  no  power  to  alter  the  assessment  of  taxes  to  build  school 
houses  merely  on  the  alleged  ground  that  the  schoolhouse  was  unnecessary ;  the  de- 
cision of  that  question  is  left  to  the  local  directors,  and  that  tribunal  has  no  control 
over  the  county  clerk  in  respect  to  the  assessment  and  extension  of  school  taxes.  52 
Mo.  218;  67  Mo.  706. 

A  school  estimate  stating  rate  of  levy,  but  omitting  amounts  of  the  several  funds, 
is  not  illegal  on  that  account.  126  Mo.  472. 

The  court  will  not  compel  a  county  clerk  by  mandamus  to  extend  school  taxes  on 
property  not  lawfully  subject  thereto.  120  Mo.  67. 

Sec.  10826.    Compensation  of  county  clerk  for  labor  on  tax  books. 

The  county  clerk  shall  receive  as  full  compensation  therefor  ten  cents 
for  every  hundred  figures  in  school  tax  column  on  general  tax  book, 
to  be  paid  by  the  county  treasurer  upon  warrant  issued  by  the  county 
court.  (R.  S.  1899,  §  9845,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10827.  Report  of  county  clerk  to  state  superintendent. — The 
clerk  of  each  and  every  county  court  shall,  on  or  before  the  thirty-first 
first  day  of  July,  annually,  make  out  and  transmit  to  the  state  superin- 
tendent of  public  schools,  at  Jefferson  City,  an  abstract  of  all  the  returns 
of  school  districts,  cities  or  towns  in  his  county  made  to  him  according  to 
the  form  that  may  be  prescribed  by  the  state  superintendent;  also,  the 
amount  of  income  of  the  school  funds  of  said  county,  and  amount  realized 
from  taxes  collected  therein.  (R.  S.  1899,  §  9846,  re-enacted,  L.  1909, 
p.  770.) 

The  state  superintendent  is  required  to  apportion  the  state  school  moneys  In  July; 
therefore,  the  enumeration  should  be  forwarded  not  later  than  July  15th. 

Sec.  10828.  Collector's  receipts  and  compensation. — It  shall  be  the 
duty  of  the  county  clerk  to  take  a  receipt  from  the  county  collector  for 
the  school  taxes  by  him  placed  on  the  general  tax  books ;  and  the  collector 
shall  proceed  to  collect  the  same  in  like  manner  as  the  state  and  county 
taxes  are  or  may  be  collected,  and  he  shall  receive,  as  full  compensation 
for  his  services  on  the  amount  collected  and  paid  over  by  him,  the  same 
per  cent,  as  is  allowed  by  law  to  collectors  for  collecting  other  taxes ;  and 
he  shall  pay  over  monthly,  to  the  county  treasurer,  all  such  taxes  col- 
lected and  take  his  receipt  therefor.  (R.  S.  1899',  §  9847,  re-enacted,  L. 
1909,  p.  770.) 

Sec.  10829.  Collections  of  delinquent  taxes. — The  collector  shall, 
at  the  time  of  returning  the  land  delinquent  list  for  state  and  county 
taxes,  return  therewith  all  land  school  taxes  herein  provided  for  which 
shall  remain  unpaid,  and  when  so  returnedj  the  same  shall  be  a  lien  on 
such  real  estate,  and  be  collected  in  the  same  manner  that  other  delin- 
quent taxes  on  land  are  collected;  and  when  so  collected,  shall  be  paid 
over  to  the  county  treasurer  as  other  school  taxes.  (R.  S.  1899,  §  9848, 
re-enacted.  L.  1909,  p.  770.) 

Sec.   10830.     County  treasurers  and  their  duties. — The   county 


42  Revised  School  Laws. 

treasurer  in  each  county  shall  be  the  custodian  of  all  moneys  for  school 
purposes  belonging  to  the  different  districts,  until  paid  out  on  warrants 
duly  issued  by  order  of  the  board  of  directors  or  to  the  treasurer  of 
some  town,  city  or  consolidated  school  district  as  authorized  by  this 
chapter,  except  in  counties  having  adopted  the  township  organization 
law,  in  which  counties  the  township  trustee  shall  be  the  custodian  of  all 
school  moneys  belonging  to  the  township,  and  be  subject  to  correspond- 
ing duties  as  the  county  treasurer ;  and  said  treasurer  shall  pay  all  orders 
heretofore  legally  drawn  on  township  clerks,  and  not  paid  by  such  town- 
ship clerks,  out  of  the  proper  funds  belonging  to  the  various  districts ; 
and  on  his  election,  before  entering  upon  the  duties  of  his  office,  he  shall 
give  a  separate  bond,  with  sufficient  security,  in  double  the  probable 
amount  of  school  moneys  that  shall  come  into  his  hands,  payable  to  the 
state  of  Missouri,  to  be  approved  by  the  county  court,  conditioned  for  the 
faithful  disbursement,  according  to  law,  of  all  such  moneys  as  shall  from 
time  to  time,  come  into  his  hands ;  and  on  the  forfeiture  of  such  bond  it 
shall  be  the  duty  of  the  county  clerk  to  collect  the  same  for  the  use  of  the 
schools  in  the  various  districts.  If  such  county  clerk  shall  neglect  or  re- 
fuse to  prosecute,  then  any  freeholder  may  cause  prosecution  to  be  in- 
stituted. It  shall  be  the  duty  of  the  county  court  in  no  case  to  permit 
the  county  treasurer  to  have  in  his  possession,  at  any  one  time,  an  amount 
of  school  moneys  over  one-half  the  amount  of  the  security  available  in 
the  bond;  and  the  county  treasurer  shall  be  allowed  such  compensation 
for  his  services  as  the  county  court  may  deem  advisable,  not  to  exceed 
one-half  of  one  per  cent,  of  all  school  moneys  disbursed  by  him,  and  to  be 
paid  out  of  the  county  treasury.  (R.  S.  1899,  §  9849,  amended,  L.  1909, 
p.  770.) 

A  treasurer's  bond  under  this  section,  which  in  general  terms  requires  him  to 
faithfully  disburse  all  funds  which  come  into  his  hands,  binds  him  to  safely  keep  and 
disburse  all  kinds  of  school  moneys  which  he  may  receive,  and  he  cannot  receive  credit 
from  a  district  for  warrants  paid  in  excess  of  the  moneys  received  for  such  district. 
State  ex  rel.  v.  Cook,  72  Mo.  496.  But  when  bond  only  obligates  him  to  receive  and 
disburse  "school  funds  of  —  —  county,"  this  does  not  make  his  sureties  liable  for  dis- 
trict school  funds  received  by  him  and  paid  out  on  a  forged  warrant.  State  ex  rel.  v. 
Weeks,  92  Mo.  359.  This  section  does  not  fix  the  compensation  of  treasurer  at  one-half 
of  one  per  cent.  He  is  entitled  only  to  that  amount  or  such  part  thereof  as  the  county 
court  may  deem  advisable,  and  he  cannot  recover  for  services  in  handling  school 
moneys  unless  the  court  has  made  an  order  fixing  the  amount  he  shall  receive.  Sander- 
son v.  County,  195  Mo.  598. 

Sec.  10831.     Settlement  of  county  or  township  treasurer. — The 

county  or  township  treasurer  shall,  semi-annually,  settle  his  accounts  with 
the  county  court  at  its  first  and  third  regular  terms  in  each  year,  being 
the  regular  February  and  August  terms  of  said  court ;  and  at  the  end  of 
his  term,  or  if  he  resign  or  be  removed  from  office,  he,  or  if  he  die,  his 
executor  or  administrator,  shall,  within  twenty  days,  settle  with  the 
county  court,  and  if  there  be  no  term,  or  the  court  be  not  in  session,  the 
presiding  judge  shall  call  a  special  term  to  make  such  settlement.  The 
said  treasurer  shall  account  for  all  school  moneys  or  funds  of  any  and  all 
kinds  received  by  him,  from  whom  and  on  what  account,  and  the  partic- 
ular fund  to  which  each  of  said  funds  were  entered  and  charged,  and  the 
amount  paid  out  for  school  purposes  to  the  various  districts  of  the  county, 


Revised  School  Laws.  43 

and  for  any  and  all  other  purposes.  The  county  court  shall  examine  the 
vouchers,  receipts,  orders,  and  warrants  upon  which  each  of  such  pay- 
ments were  made,  and  if  satisfied  that  said  payments  are  just  and  cor- 
rect, shall  make  an  order  attesting  the  same,  which  order  shall  be  entered 
of  record  and  shall  be  prima  facie  a  discharge  of  the  liability  of  said 
treasurer.  The  said  treasurer  shall,  within  five  days  after  his  final  settle- 
ment, or  at  the  expiration  of  his  term  of  office,  turn  over  to  his  successor 
in  office  all  moneys,  funds,  records,  papers,  furniture  and  fixtures  be- 
longing to  said  office,  and  take  his  receipt  therefor,  and  within  five  days 
file  a  duplicate  of  said  receipt  with  the  clerk  of  the  county  court  of  said 
county.  The  said  county  or  township  treasurer  shall,  on  the  25th  day  of 
March  and  the  first  Monday  in  October  of  each  year,  deliver  or  mail  to 
the  clerk  of  each  school  district  in  the  county  or  township  an  accurate 
and  detailed  statement,  showing  the  actual  amount  of  cash  on  hand  to 
the  credit  of  each  of  the  district  funds ;  and  the  statement  made  in  Octo- 
ber, as  herein  provided,  shall  show  the  amount  of  cash  on  hand  on  the  day 
of  the  approval  of  the  last  settlement  made  by  the  said  treasurer  with  the 
county  court,  and  shall  be  jointly  made  and  signed  by  the  said  county 
treasurer  and  clerk  of  the  county  court,  and  shall  be  a  full  exhibit,  show- 
ing the  amount  of  public  money,  railroad  taxes,  and  all  other  moneys  on 
hand  or  due  the  district  by  taxation,  the  levies  made,  the  assessed  valua- 
tion of  each  of  said  districts  for  the  year,  and  the  balance  on  hand  to  the 
credit  of  each  district  fund.  (Session  Acts  1911.) 

Sec.  10832.  Penalty  for  failure  to  make  settlement. — In  case  the 
county  or  township  treasurer  shall  fail  to  make  such  semi-annual  settle- 
ment with  the  county  court  within  the  time  prescribed  in  the  preceding 
section,  he  shall,  in  addition  to  the  sum  remaining  unaccounted  for,  for- 
feit the  sum  of  five  hundred  dollars,  to  be  recovered  in  a  civil  action,  in 
the  name  of  the  state  of  Missouri,  and  when  collected,  to  be  applied  to  the 
use  of  public  schools  in  such  county ;  and  it  is  hereby  made  the  duty  of 
the  county  clerk  to  proceed  forthwith,  in  case  of  such  failure,  by  suit, 
against  such  treasurer,  before  any  proper  tribunal,  to  recover  the  penalty 
aforesaid ;  but  when  it  appears  on  trial,  to  the  satisfaction  of  said  court, 
that  said  treasurer  was  prevented  from  making  such  settlement  within 
the  time  by  sickness  or  unavoidable  absence  from  home,  it  shall  be  the 
duty  of  the  court  to  direct  a  verdict  for  such  treasurer  on  his  paying  the 
costs.  (R.  S.  1899,  §  9851,  amended,  L.  1909,  p.  770.) 

Sec.  10833.  Title  of  property.— The  title  of  all  schoolhouse  sites 
and  other  school  property  shall  be  vested  in  the  district  in  which  the 
same  may  be  located ;  and  all  property  leased  or  rented  for  school  pur- 
poses shall  be  wholly  under  the  control  of  the  board  of  directors  during 
such  time ;  but  no  board  shall  lease  or  rent  any  building  for  school  pur- 
poses while  the  district  schoolhouse  is  unoccupied,  and  no  schoolhouse 
or  school  site  shall  be  abandoned  or  sold  until  another  site  and  house  are 
provided  for  such  school  district.  (R.  S.  1899,  §  9852,  amended,  L, 
1909,  p.  770.) 


Revised  School  Laws. 


ARTICLE  III. 


LAWS  APPLICABLE  TO  COMMON  SCHOOLS. 


SECTION 

10834.  Renumbering   of   school    districts 

— corporate  powers. 

10835.  Rights  not  affected  by  renumber- 

ing— succession    to    powers. 

10836.  Incorporation      of      unorganized 

territory. 

10837.  Formation   of  new   districts. 

10838.  Preceding    section    to    apply     to 

what  districts. 

10839.  Division   of   property   when   new 

district  created. 

10840.  Valuation   of  property  to   be   di- 

vided. 

10841.  Assessment  of  building  fund. 

10842.  Division     of     districts     lying     in 

two    or   more    counties. 

10843.  First   meeting   of  newly   created 

districts. 

10844.  Annual    meeting. 

10845.  Powers    of    the    annual    meeting. 

10846.  Length   of   school   required. 

10847.  Directors,  qualifications  of — how 

and   by    whom   elected. 


SECTION 

10848.  Oath    of    directors. 

10849.  Organization    of   board. 

10850     Vacancy   in     board   of    directors, 
how    filled. 

10851.  Removal  of  district  clerk. 

10852.  Joint    high    schools    may    be    es- 

tablished. 

10853.  Duties  of  district  clerk. 

10854.  District   clerk   to  procure   record 

books. 

10855.  District   clerk   to   post   notices. 

10856.  Payment  of  district  indebtedness. 

10857.  Form    of    warrant — to    be    paid 

from  proper  fund. 

10858.  County    court    may    invest    sink- 

ing  fund,   when   and   how. 

10859.  County   treasurer   to   report. 

10860.  Records    of    district    clerk. 

10861.  Teachers'   monthly  and  term  re- 

ports. 

10862.  Loan    of    surplus    district    school 

money. 

10863.  How  loaned. 


Sec.  10834.    Renumbering  of  school  districts — corporate  powers.— 

It  shall  be  the  duty  of  the  county  court  of  each  county  in  this  state,  at 
the  February,  1910,  term  thereof,  to  renumber  all  the  common  school 
districts  in  their  respective  counties,  numbering  them  numerically  in- 
stead of  by  township  and  range,  as  they  are  now  known  and  designated. 
Such  renumbering  shall  begin  as  near  as  may  be  at  the  northeast  corner 
of  each  county  and  run  first  west  through  the  entire  county  and  thence 
east,  and  so  on  in  the  same  general  order  that  sections  of  land  are  num- 
bered in  congressional  townships.  Such  renumbering  shall  be  entered  of 
record  by  such  county  court  and  may  be  in  the  following  form : 

The   common   school   districts   of  county   are  hereby   renumbered  and   desig- 
nated  as    follows :      District   of   township    ,    range   ,    shall    hereafter   be 

known  as  school  district  one ;  and  so  on  until  all  of  the  districts  in  the  county  have 
been  numbered. 

Such  county  courts  shall  cause  to  be  published  once  in  one  or  more 
newspapers  of  their  respective  counties  during  the  month  of  February. 
1910,  a  certified  copy  of  the  order  so  made  changing  the  numbers  of 
school  districts,  and  the  county  clerk  shall  prepare  and  mail  to  the  clerk 
of  each  of  such  school  districts  of  his  county  a  printed  copy  of  such 
order,  for  which  he  shall  be  allowed  a  fee  of  ten  .cents  for  each  clerk  thus 
notified,  and  the  change  of  numbers  so  made  by  such  court  shall  take 
effect  and  be  in  force  from  and  after  the  first  day  of  March,  1910.  Such 
districts  shall  be  bodies  corporate  under  the  numbers  and  designation 
thus  given  them  by  the  county  courts,  and  shall  by  such  numbers  and 


Rerisnl  .SV//W  Lairs.  45 

designation  be  capable  of  suing  and  being  sued ;  of  holding  such  real  and 
personal  property  as  may  at  any  time  be  either  donated  or  purchased  in 
accordance  with  the  laws  of  this  state,  or  of  which  they  may  be  rightfully 
possessed  at  the  time  of  the  passage  of  this  law,  and  shall  also  have  the 
power  of  selling  such  property  as  hereinafter  provided.  (R.  S.  1899, 
§  9739,  amended,  L.  1909,  p.  770.) 

In  bringing  suit  for  school  district,  its  corporate  existence  need  not  be  pleaded,  as 
courts  take  judicial  notice  of  its  power  to  sue.  School  Dist.  v.  Holmes,  53  A.  487. 
A  contract  which  does  not  correctly  designate  the  district  is  invalid.  Globe  F.  Co.  v. 
District,  51  A.  549.  Certiorari  is  not  an  appropriate  remedy  to  test  the  corporate 
existence  of  a  school  district.  School  District  v.  Pace,  113  A.  134.  Quo  warranto  is 
the  proper  remedy  by  which  the  corporate  existence  of  a  school  district  may  be  at- 
tacked. Black  v.  Early,  208  Mo.  281.  In  suits  against  school  districts,  the  summons 
should  be  served  on  president  of  the  school  board.  Carr  v.  District,  42  A.  154.  If  a 
taxpayer  permits  a  school  district  irregularly  organized  to  levy  and  collect  taxes,  and 
carry  on  school  for  several  years,  he  is  estopped  from  denying  the  legality  of  its 
organization,  particularly  in  the  collateral  action  of  mandamus.  State  ex  rel.  v.  Miller, 
113  Mo.  665. 

Sec.  10835.  Rights  not  affected  by  renumbering — succession  to 
powers. — Each  of  the  school  districts,  when  so  renumbered  as  provided 
in  the  preceding  section,  shall  succeed  to  and  receive,  by  operation  of 
this  statute,  the  full,  legal  and  equitable  title  to  all  property  of  every  de- 
scription, and  to  all  rights,  powers,  duties  and  obligations  possessed  by 
their  several  predecessors,  and  the  citizens  living  in  such  districts  so  re- 
numbered shall  have  and  retain  all  the  rights  and  privileges  of  the 
former  districts ;  and  the  directors,  officers,  teachers  and  other  employes 
of  the  several  districts,  as  they  now  exist,  or  may  exist  on  March  1st,  1910, 
shall  continue  to  hold  office  and  perform  their  several  duties  under  the 
number  and  designation  given  their  respective  districts  by  the  county 
courts,  and  shall  receive  the  same  compensation  for  their  services  as  if 
no  such  change  of  name  had  taken  place.  Common  school  districts 
created  after  the  first  day  of  March,  1910,  shall  receive  a  number  by  the 
county  courts  of  the  counties  in  which  they  are  situated,  which  number 
shall  be  a  continuation  of  the  numbers  given  to  the  other  districts,  as 
herein  provided.  After  the  common  school  districts  of  this  state  have 
been  renumbered  in  1910,  as  above  provided,  they  shall  not  be  renum- 
bered oftener  than  once  in  every  ten  years.  (R.  S.  1899,  §  9739,  amend- 
ed, L.  1909,  p.  770.) 

See  cases  cited  under  section  10834. 

Sec.  10836.  Incorporation  of  unorganized  territory. — Whenever 
there  shall  be  in  this  state  any  territory  not  organized  into  a  common 
school  district,  and  containing  within  its  limits  twenty  or  more  pupils  of 
school  age,  three  or  more  taxpayers  of  such  territory  may  call  a  meet- 
ing of  the  qualified  voters  of  such  unorganized  territory,  or  such  part 
thereof  as  they  desire  to  organize  into  a  school  district,  by  first  giving 
fifteen  days'  notice  of  the  time,  place,  purpose  of  the  meeting  and 
boundary  lines  of  the  territory  proposed  to  be  organized.  The  qualified 
voters,  when  assembled,  may  organize  such  territory  into  a  school  dis- 
trict, a  majority  of  the  qualified  voters  residing  in  such  territory  pro- 
posed to  be  organized  into  a  school  district  voting  therefor,  who  shall 


46  Revised  School  Laws. 

approve  of  a  plat  defining  the  boundaries  thereof,  and  elect  three  di- 
rectors, who  shall  serve  until  the  next  annual  meeting,  when  one  director 
shall  be  elected  to  serve  for  one  year,  one  director  for  two  years  and  one 
director  for  three  years — said  directors  to  serve  until  their  successors 
are  duly  elected  and  qualified :  Provided,  that  any  territory  not  organ- 
ized into  a  school  district,  and  containing  less  than  twenty  pupils  of 
school  age,  may  be  attached  to  an  adjoining  district,  upon  petition  by  the 
qualified  voters  of  such  unorganized  territory,  or  such  part  thereof  as  may 
wish  to  be  attached  to  such  adjoining  district,  directed  to  the  board  of  di- 
rectors of  such  adjoining  district ;  and  it  shall  be  the  duty  of  such  board, 
on  receipt  of  the  petition,  to  meet  forthwith  and  consider  same,  and  if  a 
majority  of  the  board  are  in  favor  thereof,  such  territory  shall  become 
a  part  of  such  district.  (R.  S.  1899,  §  9740,  re-enacted,  L.  1909,  p.  770.) 

To  organize  new  districts  under  this  section,  the  notice  must  be  signed  by  three 
taxpayers  residing  in  the  territory  to  be  organized,  and  posted  fifteen  days  before 
the  meeting.  Berryman  v.  Bethune,  89  Mo.  158.  A  district  cannot  legally  detach 
or  vote  out  a  part  of  its  territory  except  on  petition  and  notice  as  required  by  law,  and 
another  district  cannot  attach  territory  until  the  same  has  been  detached  from  the 
district  in  which  it  was  once  legally  included.  State  ex  rel.  v.  Hill,  152  Mo.  235. 

See,  also,  cases  cited  under  section  10837. 

Money  apportioned  prior  to  division  of  district  does  not  follow  new  district.  90 
Mo.  395.  Posting  of  notices,  condition  precedent  to  the  validity  of  such  division.  54 
A.  31;  94  Mo.  612. 

The  notice  required  by  this  section  should  be  as  explicit  in  its  essential  features 
as  that  required  under  the  provisions  of  section  10837,  which  is  commented  on  in  full. 

This  section  confers  the  right  to  call  the  first  meeting  for  forming  unorganized 
territory  into  a  school  district  upon  three  taxpayers  of  the  territory  to  be  organized. 
These  qualifications  are  jurisdictional. 

Sec.  10837.  Formation  of  new  districts. — When  it  is  deemed  neces- 
sary to  form  a  new  district,  to  be  composed  of  two  or  more  entire  districts, 
or  parts  of  two  or  more  districts,  to  divide  one  district  to  form  two  new 
districts  from  the  territory  therein,  to  divide  one  district  and  attach  the 
territory  thereof  to  adjoining  districts,  or  to  change  the  boundary  lines 
of  two  or  more  districts,  it  shall  be  the  duty  of  the  district  clerk  of  each 
district  affected,  upon  the  reception  of  a  petition  desiring  such  change, 
and  signed  by  ten  qualified  voters  residing  in  any  district  affected  there- 
by, to  post  a  notice  of  such  desired  change  in  at  least  five  public  places 
in  each  district  interested  fifteen  days  prior  to  the  time  of  the  annual 
meeting,  or  by  notice  for  same  length  of  time  published  in  all  the  news- 
papers of  the  district ;  and  the  voters,  when  assembled,  shall  decide  such 
question  by  a  majority  vote  of  those  who  vote  upon  such  proposition. 
If  the  assent  to  such  change  be  given  by  the  annual  meetings  of  the  vari- 
ous districts  thus  voting,  or  by  the  parts  of  the  district  to  be  divided,  each 
part  voting  separately,  the  district  or  districts  shall  be  deemed  formed  or 
the  boundary  thus  changed  from  that  date;  but  if  one  or  more  of  the 
districts  affected  vote  in  favor  of  such  change  and  one  or  more  of  such 
districts  vote  against  such  change,  the  matter  may  be  referred  to  the 
county  superintendent  of  public  schools;  and  upon  such  appeal  being 
filed  with  him,  in  writing,  within  five  days  after  the  annual  meeting, 
he  shall  appoint  four  disinterested  men,  resident  taxpayers  of  the 
county,  who,  together  with  himself,  shall  constitute  a  board  of  arbitra- 


Revised  School  Laws.  47 

tion,  whose  duty  it  shall  be  to  consider  the  necessity  for  such  proposed 
change  and  render  a  decision  thereon,  which  decision  shall  be  final. 
When  there  is  an  equal  division,  the  county  superintendent  shall  cast  the 
deciding  vote.  The  superintendent  shall,  at  the  time  of  the  appoint- 
ment of  these  members  of  this  board  of  arbitration,  notify  them  to  meet 
him  at  some  convenient  place  in  the  county  within  fifteen  days  after 
annual  school  meeting,  where  the  deliberations  of  the  board  shall  take 
place  and  its  decision  be  rendered.  But  in  making  such  change  the  de- 
cision in  all  cases  shall  conform  to  the  propositions  contained  in  the 
notices  and  voted  upon  at  the  annual  meeting ;  and  the  county  superin- 
tendent shall,  on  or  before  the  last  day  of  April,  transmit  the  decision  to 
the  clerks  of  the  various  districts  interested,  or  to  the  clerk  of  the  dis- 
trict divided,  and  said  clerk  or  clerks  shall  enter  the  same  upon  the 
records  of  his  or  their  respective  district  or  districts;  and  the  said  board 
of  arbitration  shall  be  allowed  a  fee  of  fifteen  dollars,  to  be  paid  by  the 
district  or  districts  taking  the  appeal  at  the  time  said  appeal  is  made : 
Provided,  however,  that  no  new  district  shall  be  created  or  boundary  line 
changed  by  which  any  district  shall  be  formed  containing  within  its 
limits  by  actual  count  less  than  twenty  persons  of  school  age,  or  by  which 
any  district  shall  be  left  containing  within  its  limits  by  actual  count  less 
than  twenty  persons  of  school  age:  Provided,  however,  the  resident 
voters  upon  any  island  in  any  of  the  navigable  rivers  of  this  state  may 
organize  into  a  school  district  without  being  subject  to  the  restrictions  in 
the  preceding  portion  of  this  section.  It  is  further  provided  that,  in 
changing  the  boundary  line  between  the  two  established  districts,  one 
district  shall  not  encroach  upon  the  other  simply  for  the  acquisition  of 
territory.  At  all  elections  to  change  boundaries,  the  votes  of  those  par- 
ties residing  in  the  territory  sought  to  be  attached  to  or  detached  from 
a  district  shall  be  separately  cast  and  separately  counted  by  the  parties 
or  officers  holding  such  election :  Provided  further,  that  if  in  any 
school  district  or  districts  of  the  state  a  stream  of  running  water  shall 
in  any  way  interfere  with  the  convenient  access  of  school  children  to  the 
schoolhouse  or  houses  of  any  such  district  or  districts,  then  it  shall  be 
lawful  to  create  a  new  district,  to  be  composed  of  two  or  more  districts 
or  parts  of  two  or  more  districts,  or  of  one  entire  district  and  parts  of 
one  or  more  districts,  lying  in  whole  or  in  part  in  two  counties  in  the 
manner  hereinbefore  set  out;  and  in  the  event  of  an  appeal  being  taken, 
as  herein  provided,  from  the  action  of  the  school  meetings  on  the  pro- 
posed formation  of  such  district,  such  appeal  shall  be  taken  to  the  county 
superintendents  of  the  respective  counties;  and  such  superintendents 
shall  thereupon  be  empowered  to  jointly  appoint  a  board  of  arbitration, 
who  shall  thereupon  act  as  hereinabove  set  out ;  and  in  the  event  of  a  tie 
vote,  such  superintendents  shall  select  an  additional  member  of  such 
board  of  arbitration,  whose  decision  shall  be  final ;  and  such  decision  shall 
be  transmitted  to  the  clerks  of  the  districts  affected  thereby.  (R.  S.  1899, 
§  9742,  amended,  L.  1909,  p.  770.) 

Petition  for  Change  of  Boundaries — A  petition,  signed  by  ten  qualified  voters,  must 
be  filed  with  district  clerk  before  he  can  legally  post  notices  of  an  election  to  change 
boundaries.  School  DIst.  v.  Pace,  113  A.  134.  When  the  proposed  change  affects  two 


48  Revised  School  Laws. 

or  more  districts,  the  law  does  not  require  ten  petitioners  from  each  district,  but  such 
petitioners  may  all  reside  in  one  district,  or  part  of  them  may  reside  in  one  and  re- 
mainder in  another,  to  be  affected  by  the  change,  and  separate  copies  of  the  petition 
should  be  signed  and  delivered  to  clerk  of  each  district  to  which  the  proposition  is  to 
be  submitted.  State  ex  rel.  v.  Job,  205  Mo.  1.  Propositions  to  change  boundaries  or 
to  organize  a  new  district  can  only  be  submitted  at  annual  meeting,  and  then  only 
upon  petition  and  notice  as  required  by  this  section.  State  ex  rel.  v.  Hill,  152  Mo.  234. 
If  petition  fails  to  recite  the  precise  change  of  boundaries  intended,  the  election  based 
thereon  will  be  invalid.  School  District  v.  Dist.,  94  Mo.  612.  When  boundaries  are 
described  by  section,  township  and  range' line,  so  that  voters  readily  understand  the 
full  nature  of  change,  the  petition  is  sufficient.  State  ex  rel.  v.  Gibson,  78  A.  170. 

Notice  of  Election  to  Change  Boundaries — Unless  the  notices  contain  a  description 
of  the  property  sought  to  be  detached  from  a  district  so  that  the  voters  can  understand 
the  question  to  be  voted  on,  the  election  will  be  void.  School  District  v.  Smith,  90  A. 
215  ;  School  District  v.  Id.,  94  Mo.  612.  If  the  petition  contain  a  proper  description  of 
the  proposed  change  of  boundaries  and  a  copy  of  the  petition  be  referred  to  in  and 
attached  to  each  notice,  this  is  sufficient.  State  ex  rel.  v.  Eden,  54  A.  31;  State  ex  rel. 
v  Job,  205  Mo.  1.  After  posting  notice  of  election,  the  board  cannot  cancel  or  withdraw 
same.  State  ex  rel.  v.  Gill,  190  Mo.  79. 

Appeal  to  Superintendent — That  part  of  this  section  which  provides  for  the  settle- 
ment of  boundary  disputes  by  the  superintendent  and  a  board  of  arbitration  appointed 
by  him  is  constitutional.     State  v.  Andrae,  216  Mo.  617.     Not  necessary  that  the  arbi- 
trators or  witnesses  who  appear  before  them  should  be  sworn.     State  ex  rel.  v.  Job, 
205  Mo.   1.     Not  necessary  for  superintendent  to  keep  a  record  of  the  proceedings  of 
such  board,  but  law  requires  its  decision  to  be  reduced  to  writing.     State  v.  Andrae,  216 
Mo.  617.     The  decision  of  the  board  of  arbitrators  should  recite  that  it  met  to  consider 
the  appeal,  and  if  it  decide  in  favor  of  a  change  of  boundaries,  it  should  further  recite 
that  it  found  the  change  necessary  and  adjudged  that  the  change  be  made.     A  mere 
decision  that  the  board  found  in  favor  of  the  petitioners,  without  any  recital  that  it 
ever  met  or  found  a  change  necessary,  renders  its  proceedings  void.     State  ex  rel.  v. 
Denny,    94   A.    559  ;    State   ex   inf.    v.    Cummins,    114    Mo.    93.      A   valid   election   upon 
sufficient  petition  and  notice  is  necessary  in  each  district  to  be  affected  by  the  proposed 
change  before   such  board  has  authority  to  consider  such  appeal.      School  District  v. 
Smith,  90  Mo.  215.     The  board  has  no  jurisdiction  to  consider  an  appeal,  unless  one  of 
the   districts   affected   has  voted   in   favor   of   the   change   of   boundaries   and   another 
against  such  change,  and  prohibition  will  lie  to  prevent  a  consideration  of  such  appeal. 
School  District  v.  Burns,  84  A.  654.     The  appeal  must  be  taken  in  five  days  after  the 
election,  and  the  certificate   of  superintendent  appointing  the   arbitrators  must  recite 
that  they  are  taxpayers ;  if  it  merely  recites  they  are  voters,  the  organization  may  be 
quashed  by  certiorari.     State  ex  rel.   v.   Wilson,   99   A.    675.     The  superintendent  and 
arbitrators  can  only  decide  the  propositions  which  were   submitted  to   the   voters  by 
petition  and  notice  at  the  annual  meetings,  and  if  they  decree  a  change  of  boundaries 
in  a  different  manner  than  the  plan  voted  upon,  their  acts  are  illegal,  and  mandamus 
will  lie  to  compel  the  county  court  to  extend  taxes  according  to  the  boundaries  as  they 
existed  before  proposition  was  submitted.     State  ex  rel.  v.  Riley,  85  Mo.  156;  State  ex 
rel.  v.   Patton,    108   A.   26;    School   District  v.   District,    94   Mo.   612.     When   there  is  a 
majority  of  all  the  votes  cast  in  each  district  against  the  proposed  change  of  bounda- 
ries, no  right  of  appeal  exists.     State  ex  rel.  v.  Stone,  152  Mo.  202.     When  the  require- 
ments of  the  law  are  fully  complied  with,  the  decision  of  the  board  of  arbitrators  is 
final  and  cannot  be  set  aside  by  any  court.     State  ex  rel.  v.  Gibson,  78  A.  170  ;  State 
ex  rel.  v.  Burford,  82  A.  343.     In  the  absence  of  proof  to  the  contrary,  it  will  be  pre- 
sumed that  the  appeal  was  taken  within  the  five  days  allowed  by  law.     State  ex  rel. 
v.  Andrae,  216  Mo.  617.     As  amended  in  1909,  this  section  does  not  authorize  an  appeal 
by  the  voters  who  petitioned  for  the  change  of  boundaries,  unless  one  district  has  voted 
in  favor  of  such  proposition.     Quo  warranto  is  the  proper  remedy  to  dissolve  a  district 
which  has  not  been  legally  organized.     School  District  v.   Pace,   113  A.   134;   Black  v. 
Early,  208  Mo.  281. 

General  Provisions — The  consolidation  of  two  or  more  entire  districts  into  one 
does  not  make  it  a  town  school  district.  School  District  v.  Wallace,  75  A.  317.  Three 
districts  may,  by  election,  so  change  their  boundaries  as  to  entirely  dissolve  one  dis- 


Revised  School  Laws.  49 

trict  and  add  its  territory  to  the  others.  Meyers  v.  District,  96' A.  48;  State  v.  Hill, 
152  Mo.  234.  When  a  district  is  dissolved  and  its  territory  added  to  other  districts, 
such  districts  receiving  part  of  such  territory  become  liable  for  its  entire  debts,  but 
when  one  district  has  paid  more  than  its  proper  share  of  such  debts,  it  may  recover 
excess  from  other  districts  which  also  received  part  of  the  territory  of  the  disorganized 
district.  Hughes  v.  District,  72  Mo.  643. 

Directors  must  decide  whether  petitioners  are  qualified  voters.  84  Mo.  90.  Board 
of  arbitration  cannot  change  boundary  otherwise  than  as  proposed  in  the  election.  85 
Mo.  156;  70  A.  238.  Statute  construed.  48  A.  560.  New  school  districts  may  be 
formed,  how.  75  A.  317. 

When  it  is  desired  to  form  a  new  district  by  division  or  consolidation,  or  to 
change  the  boundary  lines  of  two  or  more  districts,  the  first  step  is  the  preparation 
of  a  petition  clearly  setting  forth  the  change  desired,  which  petition  must  be  signed 
by  at  least  ten  qualified  voters  "residing  in  any  district  affected  thereby."  It  is  not 
necessary  that  the  voters  all  reside  in  the  same  district — part  may  reside  in  each 
district,  but  every  signer  must  reside  in  some  one  of  the  districts  affected  by  the 
proposed  change.  As  many  petitions  should  be  prepared  (all  alike)  as  there  are  dis- 
tricts affected,  and  one  petition  be  presented  to  the  clerk  of  each  district  affected. 
The  law  makes  it  the  duty  of  the  clerk,  without  any  action  of  the  board  of  directors, 
upon  receipt  of  the  petition  to  post  a  notice  in  at  least  five  public  places  in  the  district 
of  which  he  is  clerk,  fifteen  days  prior  to  the  time  of  the  annual  meeting.  A  failure 
to  do  this  subjects  the  clerk  to  a  fine  not  exceeding  one  hundred  dollars.  Sec.  10802. 

The  statutory  notice  prescribed  by  this  section  is  mandatory  and  jurisdictional, 
and  a  division  of  school  districts  made  at  an  annual  meeting  not  within  the  scope  of 
an  antecedent  notice  given  for  the  time,  and  at  the  places  and  in  the  manner  fixed 
by  law,  is  void.  The  notices  must  necessarily  be  as  comprehensive  as  the  proposition 
to  be  voted  on,  and  must  inform  the  voter  what  change  it  is  proposed  to  make  in 
the  boundaries  of  his  district.  Unless  the  notice  is  such  as  to  give  this  information, 
it  is  no  notice  at  all.  It  is  not  sufficient  that  the  voters  be  notified  rhat  at  the  annual 
meeting  they  will  be  called  upon  to  vote  upon  the  question  whether  or  not  a  new  dis- 
trict shall  be  formed,  and  a  change  made  in  the  boundary  lines  of  the  old  districts  ; 
they  must  be  notified  of  the  change  proposed,  of  what  territory  the  new  district  is 
to  be  composed,  of  what  change  is  to  be  made  in  the  boundaries  of  the  old  ones. 
The  notice  is  sufficient  if  signed  by  the  district  clerk.  54  A.  31. 

There  are  four  different  propositions  :  (a)  To  form  a  new  district  composed  of 
two  or  more  entire  districts;  (b)  to  form  a  new  district  composed  of  parts  of  two  or 
more  districts;  (c)  to  change  boundary  lines;  (d)  to  divide  one  district  to  form  two 
new  districts.  In  the  first  three  cases  the  districts  vote 'as  wholes.  In  the  last  case 
each  part  votes  on  the  proposition  separately.  If  the  proposition  carries'  in  all  the 
districts  and  parts  affected,  the  division  takes  place  at  once:  If  the  proposition  is  car- 
ried in  one  or  more  of  the  districts  or  parts  affected,  and  is  defeated  in  the  others,  the 
matter  may  be  appealed  to  the  county  superintendent.  The  appeal  may  be  taken  .by  a 
board  of  directors  acting  officially,  or  it  may  be  taken  by  one  or  more  of  the  petitioners 
acting  for  all.  The  superintendent  alone  cannot  consider  an  appeal.  He  must  appoint 
a  board  of  arbitration  consisting  of  four  taxpayers  who  live  in  the  county,  but  not 
in  any  one  of  the  districts  affected  by  the  proposed  change.  This  board  of  arbitration 
must  meet  at  time  and  place  fixed  by  the  county  superintendent  within  fifteen  days 
after  the  annual  meeting  (Wednesday  of  second  week  after  annual  meeting  is  last 
day  for  such  hearing).  The  superintendent  is  ex  offlcio  chairman  of  this  board,  but  has 
no  vote  except  in  case  of  a  tie  in  the  vote  of  the  other  four  members.  This  board  is 
allowed  a  fee  of  fifteen  dollars  (three  dollars  each)  for  every  case  appealed,  which 
fee  must  be  paid  by  the  district  or  persons  taking  the  appeal. 

One  board  may  be  appointed  to  consider  all  appealed  cases  In  the  county  In  any 
one  year,  and  this  board  could  be  called  to  meet  at  county  seat  on  second  Monday 
after  annual  meeting,  thus  giving  themselves  three  days  to  consider  all  such  cases. 
The  appeal  must  be  filed,  in  writing,  with  the  county  superintendent,  within  five  days 
after  the  annual  meeting.  The  first  Monday  after  the  annual  meeting  is  the  last  day 
upon  which  the  appeal  can  be  filed.  99  A.  559.  If  filed  after  that  day,  the  action 
of  the  superintendent  thereon  would  be  null  and  void. 

SL— 4 


50  Revised  School  Laws. 

The  proposition  voted  on  must  specify  the  boundaries  of  the  districts  as  sought 
to  be  changed  or  established.  The  notices  must  also  specify  the  changes  proposed  in 
the  school  district  boundaries,  and  are  sufficient  if  signed  by  the  district  clerk.  The 
county  superintendent  cannot  go  beyond  the  proposition  voted  on  and  establish  boun- 
daries different  from  those  specified  in  the  proposition.  94  Mo.  612  ;  89  Mo.  23.  When 
a  person  by  his  laches  cannot  complain  that  a  school  district  was  never  legally 
organized.  90  Mo.  683.  When  the  county  superintendent  has  acted,  whether  with  or 
without  jurisdiction,  mandamus  cannot  be  invoked  for  the  purpose  of  reversing  his 
decision.  84  Mo.  90.  Quo  warranto  will  lie  on  behalf  of  the  state  to  determine  the 
right  of  individuals  to  exercise  the  office  of  school  directors.  84  Mo.  198.  Sufficiency 
of  notice.  54  A.  31. 

Board  of  arbitration  has  no  jurisdiction  to  hear  an  appeal  as  to  formation  of  a 
new  district  unless  the  question  of  the  proposed  change  in  the  district  has  first  been 
voted  on  at  the  annual  meetings  of  all  the  districts  involved.  84  A.  654. 

Arbitrators  or  witnesses  not  required  to  be  sworn.     187  Mo.  409. 

The  action  of  the  board  of  arbitration  in  determining  the  formation  of  a  new 
school  district  is  judicial,  and  may  be  restrained  by  prohibition.  84  A.  654;  64  A.  313. 

FORM  OF  PETITION  FOR  CHANGE  OF  BOUNDARY. 

To  the  district  clerk: 

We,  the  undersigned,  qualified  voters  (ten  or  more)   of  district  No. ,  county  of 

,  State  of  Missouri,  desire  the  following  changes  in  district  boundary  lines :  — 

and  hereby  petition  you  "to  post  a  notice  of  such  desired  change  in  at  least  five  public 
places  in  each  district  interested,  fifteen  days  prior  to  the  time  of  the  annual  meeting." 

(Signed  by  ten  or  more  qualified  voters  residing  in  any  territory  affected  by  the 
proposed  change.) 

Sec.  10838.  Preceding  section  to  apply  to  what  districts. — The 
provisions  of  section  10837  shall  apply  to  all  districts  of  this  state 
organized  under  special  charter,  or  under  and  by  virtue  of  any  special 
law  of  the  state  of  Missouri  organizing  or  incorporating  such  school  dis- 
trict, excepting  such  school  districts  formed  from  territory  composed  of 
land  granted  to  any  city,  town  or  village  by  virtue  of  any  act  of  congress 
confirming  to  said  city,  town  or  village  said  grants  of  land,  and  excepting 
school  districts  formed  of  or  contained  in  cities  and  towns  containing 
one  hundred  thousand  inhabitants  or  over.  (R.  S.  1899,  §  9743,  re- 
enacted,  L.  1909,  p.  770.) 

Sec.  10839.  Division  of  property  when  new  district  created. — 
Whenever  a  new  school  district  is  or  shall  hereafter  be  formed  which 
shall  include  within  its  limits  territory  upon  which  taxes  have  been  col- 
lected to  erect  or  aid  in  the  erection  of  a  schoolhouse,  or  if  there  be  an  ac- 
cumulation of  cash  or  other  property  from  taxes  collected  in  the  terri- 
tory from  which  such  new  district  has  been  or  hereafter  may  be  formed, 
it  shall  be  the  duty  of  such  districts,  through  their 'respective  boards  of 
directors,  at  a  joint  meeting  to  be  held  at  the  schoolhouse  of  the  old 
district,  to  ascertain  what  are  the  rights  and  interest  of  such  new  dis- 
trict in  the  property  and  cash  on  hand  of  the  old  district  or  districts 
from  which  such  new  district  was  formed,  and  to  agree  upon  a  sum  to 
be  paid  to  such  new  district  therefor.  The  directors  of  either  district 
may  call  such  meeting  by  giving  the  directors  of  the  other  district 
fifteen  days'  notice  in  writing.  The  rights  of  the  several  districts 
may  be  ascertained  by  computing  the  taxes  which  have  been  levied 
and  collected  on  the  property  in  each  district,  and  the  value  of  such 
schoolhouse  or  other  school  property  at  the  time  the  new  district  is 


Revised  School  Laics.  51 

formed,  but  this  method  shall  not  exclude  or  prevent  other  methods 
of  ascertaining  the  true  value  of  the  interest  of  such  newly  formed 
district  in  or  to  the  property  of  the  district  or  districts  of  which  it 
was  formerly  a  part :  Provided,  that  if  the  persons  who  have  peti- 
tioned for  the  organization  of  such  new  district  shall  have  inserted  in 
their  petition  or  notice  of  election  an  offer  to  waive  all  claims  upon  the 
property  or  cash  of  the  district  or  districts  from  which  they  sought  to 
be  detached,  then  such  newly  formed  district  shall  have  no  right  to  or 
claim  upon  the  money  or  property  of  the  district  or  districts  from  which 
it  was  detached.  (R.  S.  1899,  §  9744,  amended,  L.  1909,  p.  770.) 

If  petitioners  for  a  new  school  district  offer  to  release  all  claims  to  property  of 
old  districts  out  of  which  new  one  is  to  be  formed,  the  proposition  must  be  recited  in 
all  the  notices  of  election,  otherwise  the  election  will  be  void  as  to  such  proposition. 
School  District  v.  Neal,  74  A.  553.  This  section  has  no  application  to  a  change  of 
boundaries  between  two  old  districts.  School  District  v.  District,  94  Mo.  612.  When 
a  tax  is  levied  it  must  be  collected  and  paid  into  treasury  to  the  credit  of  the  par- 
ticular district  for  which  it  was  levied,  and  any  claim  to  such  taxes  by  a  district 
thereafter  organized  must  be  settled  under  the  provisions  of  section  10840.  Rice  v. 
McClelland,  58  Mo.  116. 

When  a  new  district  is  formed,  tax  to  erect  a  schoolhouse  must  be  levied  upon 
the  whole  of  the  organized  district.  80  Mo.  190.  New  district  cannot  maintain  action 
for  money  in  the  hands  of  county  treasurer.  18  A.  266. 

Sec.  10840.  Valuation  of  property  to  be  divided. — If  the  boards 
of  directors  of  the  several  districts  canncit  agree  upon  a  settlement  as 
provided  in  the  foregoing  section,  then  either  district  may  appeal  to  the 
county  superintendent  of  public  schools,  who  shall  appoint  four  persons 
as  a  board  of  arbitration,  as  provided  by  section  10837,  to  ascertain  and 
agree  upon  the  amount,  if  anything,  due  from  the  old  district  or  dis- 
tricts to  the  new  district,  and  upon  the  filing  of  their  award  with  the 
clerk  of  the  old  district  or  districts,  such  district  or  districts  (as  the  case 
may  be)  shall  owe  the  new  district  the  full  amount  or  amounts  of  such 
award.  Whenever  the  amount  of  such  indebtedness  from  the  old  dis- 
trict or  districts  is  ascertained  by  the  boards  of  directors,  or  by  the  award 
of  arbitration  or  otherwise,  the  board  of  directors  of  such  old  district 
or  districts  shall  pay  to  the  new  district  the  amount  or  amounts  found  to 
be  due  to  it,  and  for  the  purpose  of  making  such  payment,  the  board  of 
directors  of  such  old  district  or  districts  shall,  if  necessary,  cause  a 
tax  to  be  levied  upon  the  property  of  their  districts,  and  when  the  same 
is  collected  and  paid  over  it  shall  constitute  a  building  fund  for  such 
new  district.  (R.  S.  1899,  §  9745,  amended,  L.  1909,  p.  770.) 

A  vote  of  the  qualified  voters  upon  proposition  to  withdraw  from  that  part  of 
the  district  lying  outside  of  their  own  county  was  ineffectual  to  divide  such  district 
when  no  vote  was  taken  to  unite  an  adjoining,  or  form  a  separate,  district.  78  Mo.  80. 

Sec.  10841.  Assessment  of  building  fund. — The  amount  levied  by 
the  new  district  for  building  purposes,  where  either  or  all  of  the  parts  of 
which  it  is  composed  have  received  their  proportion  of  the  property 
of  the  old  district,  shall  be  divided  proportionately;  and  those  amounts, 
less  the  amounts  thus  received,  shall  be  assessed  and  collected  from  the 
property  included  in  the  limits  of  the  respective  portions.  (R.  S.  1899, 
§  9746,  re-enacted,  L.  1909,  p.  770.) 


52  Revised  School  Laws. 

This  section  has  no  application  to  a  mere  change  of  boundaries  between  two 
sstablished  districts.  School  District  v.  District,  94  Mo.  612. 

The  raising  of  a  building  fund,  in  case  of  a  formation  of  the  new  district,  has 
no  application  where  the  boundary  lines  are  changed.  94  Mo.  612. 

Sec.  10842.    Division  of  districts  lying  in  two  or  more  counties. — 

Whenever  any  school  district  in  this  state  shall  lie  partly  in  two  counties, 
and  a  majority  of  the  qualified  voters  in  that  portion  of  said  district 
lying  in  any  one  of  such  counties  shall  desire  to  divide  such  district  by 
county  lines,  they  may  hold  an  election  for  that  purpose  in  that  part 
of  the  district  where  they  reside  by  giving  fifteen  days'  notice  of  the 
time  and  place  of  holding  such  election  by  five  handbills,  signed  by  such 
qualified  voters,  and  posted  up  in  five  public  places  in  such  district.  Such 
election  shall  be  held  in  the  same  manner  as  in  newly  created  districts, 
and  if  a  majority  of  the  votes  cast  at  such  election  be  in  favor  of  dividing 
such  district  on  county  lines,  then  such  district  shall  be  deemed  so 
divided,  and  the  persons  acting  as  chairman  and  secretary  of  such  meet- 
ing shall  certify  the  result  of  such  election  to  the  clerks  of  the  county 
courts  of  both  the  counties  in  which  said  district  was  originally  situated. 
From  and  after  the  division  of  such  district  as  herein  mentioned  each 
part  thereof  shall  be  a  separate  school  district  with  all  the  powers  of 
other  districts,  and  may  choose,  directors  as  in  newly  formed  districts, 
and  may  continue  as  separate  districts  or  be  annexed  by  or  to  other  dis- 
tricts in  the  counties  where  they  are  severally  situated  in  the  manner  now 
provided  by  law,  or  by  a  petition  of  all  the  qualified  voters  of  such  new 
district,  and  the  consent  of  the  board  of  directors  of  the  district  or  dis- 
tricts to  which  they  desire  to  be  attached,  at  a  meeting  of  such  directors, 
held  for  that  purpose.  Each  new  district  created  by  dividing  a  district 
originally  lying  partly  in  two  counties,  which  shall  at  the  time  of  such 
division  have  within  its  boundaries  any  school  property  or  cash  on  hand, 
received  or  paid  for  partly  by  taxes  levied  on  property  situated  in  that 
part  of  the  original  district  lying  in  another  county,  shall  be  required 
to  settle  with  and  account  to  such  district  lying  in  such  other  county  for 
its  just  share  of  such  school  property,  and  cause  to  be  paid  to  it  the 
amount  found  to  be  due,  which  amount  may  be  ascertained  and  paid 
under  the  provisions  of  sections  10839  and  10840.  All  taxes  collected 
for  any  district,  which  has  been  divided  under  the  provisions  of  this 
section,  shall  be  paid  to  the  successor  or  successors  of  such  school  dis- 
trict lying  in  the  county  where  such  taxes  may  be  collected.  Hereafter 
no  new  school  district  shall  be  formed  of  territory  lying  in  two  counties, 
except  where  the  portion  of  a  district  sought  to  be  joined  across  the  coun- 
ty line  is  cut  off  from  the  district  or  districts  in  the  same  county  by  a 
running  stream,  which  can  not  easily  be  crossed  by  children  attending 
said  school ;  and  provided,  that  districts  or  parts  of  districts  lying  in  an- 
other county  but  adjoining  a  district  that  contains  a  city,  town  or  con- 
solidated school  district  may  become  a  part  of  said  city,  town  or  con- 
solidated school  district  in  the  same  manner  as  provided  in  section  10880. 
In  all  school  districts  divided  by  county  lines  it  shall  be  the  duty  of  the 
clerk  of  such  school  district  to  report  to  the  clerk  of  each  county  in 
which  such  district  is  in  part  located  the  number  of  persons  of  school 


Revised  School  Laws.  53 

age  residing  in  that  part  of  said  school  district  lying  within  the  respec- 
tive counties,  together  with  the  amount  of  money  necessary  to  maintain 
the  school,  and  such  other  funds  as  it  is  necessary  to  raise  by  taxation 
in  the  same  manner  as  is  provided  in  districts  not  so  divided.  And  it 
shall  be  the  duty  of  the  county  court  and  county  clerk  of  each  county 
in  which  such  district  is  located  to  apportion  to  said  district  such  part 
of  the  public  school  funds  as  the  enumeration  of  such  parts  of  said 
district  shows  it  to  be  entitled,  and  all  moneys  collected  for  school  pur- 
poses as  taxes  on  property  within  such  district  shall  be  paid  to  said  dis- 
trict, the  same  as  if  it  lay  entirely  within  one  county.  (R.  S.  1899,  § 
9747,  amended,  L.  1909,  p.  770.) 

A  town  or  city  district  lying  partly  in  two  counties  cannot  be  divided  under  the 
provisions  of  this  section,  as  it  applies  only  to  common  schools.  State  ex  rel.  v.  Fry, 
186  Mo.  198.  It  is  not  necessary  that  the  new  district  created  by  dividing  a  district 
lying  partly  in  two  counties  should  have  the  number  of  pupils  and  taxable  property 
required  of  other  new  districts.  State  ex  rel.  v.  Patton,  79  A.  164. 

School   districts   lying   in   two   or   more   counties,   how   divided.      78   Mo.    80. 

While  this  section  authorizes  a  majority  of  the  legal  voters  in  a  fractional  part 
of  a  district  divided  by  a  county  line  to  at  any  time  withdraw  from  the  district  and 
either  form  a  new  district  or  become  attached  to  a  district  in  their  own  county, 
there  are  good  reasons  why  such  division  should  take  place  only  at  the  annual  meet- 
ing, or  within  thirty  days  thereafter.  The  estimate,  enumeration  list,  and  list  of 
taxpayers  are  furnished  the  county  clerk  in  May,  and  all  changes  of  boundary  line 
should  take  place  before  this  is  done.  This  does  not  apply  to  districts  organized  under 
article  II,  relating  to  city  and  town  schools. 

Note  that  no  new  district  can  be  legally  formed  that  will  be  divided  by  a  county 
line  except  where  the  portion  sought  to  be  joined  across  the  county  line  is  cut  off 
from  the  district  in  the  same  county  by  a  running  stream  which  cannot  easily  be 
crossed  by  children  attending  the  school.  This  provision  also  applies  to  changes  of 
boundary  line.  There  can  be  no  appeal  to  the  county  superintendent  upon  the  question 
of  joining  territory  to  districts  across  a  county  line. 

Sec.  10843,  First  meeting  of  newly  created  districts. — It  shall  be 
the  duty  of  the  voters  resident  in  the  territory  embraced  within  the 
limits  of  the  newly  created  district  to  assemble  at  some  central  point 
within  said  district  within  fifteen  days  after  the  formation  thereof — 
such  point  to  be  designated  by  notices  posted  in  at  least  five  public 
places  in  said  district,  or  by  notices  published  for  the  same  length  of 
time  in  all  the  newspapers  published  in  such  district,  and  signed  by 
two  of  the  resident  freeholders  therein;  and  such  meeting,  when  as- 
sembled, shall  be  invested  with  the  same  powers  and  be  conducted  as 
prescribed  for  the  first  annual  district  meeting  held  under  the  provisions 
of  this  chapter :  Provided,  that  the  children  in  such  newly  created  dis- 
trict shall  have  the  right  to  attend  school  in  their  original  districts  until 
the  thirtieth  of  June  following.  (R.  S.  1899,  §  9748,  amended,  L.  1909, 
p.  770.) 

Unless  the  voters  of  a  new  district  meet  and  organize  within  fifteen  days  after 
they  are  voted  out  of  the  old  districts,  the  organization  of  the  new  district  will  be  void. 
School  District  v.  Wallace,  75  A.  317.  But  if  an  appeal  be  taken,  the  first  meeting 
can  be  held  within  fifteen  days  after  notice  of  decision  of  board  of  arbitrators,  and  a 
failure  to  adopt  a  plat  of  the  district  at  first  meeting  does  not  render  its  acts  invalid. 
State  ex  rel.  v.  Burford,  82  A.  343.  Such  first  meeting  held  upon  due  notice  has  all 
the  powers  of  an  annual  meeting,  and  may  vote  a  tax  for  building  purposes  as  well 
as  to  hire  teachers.  State  ex  rel.  v.  Edwards,  151  Mo.  473. 


54  Revised  School  Laws. 


—  This  section  does  not  specify  for  what  length  of  time  notice  shall  be  given 
of  first  meeting  in  newly  formed  districts,  but  as  such  meeting  must  be  held  within 
fifteen  days  after  the  annual  meetings,  it  would  only  be  possible  to  give  fifteen  days' 
notice  thereof  by  posting  such  notices  on  the  day  of  the  annual  meetings,  designating 
the  fifteenth  day  after  the  annual  meetings  as  the  date  for  such  first  meeting.  If  an 
appeal  be  granted,  the  notice  for  such  first  meeting  should  be  given  as  soon  as  notice 
of  the  decision  of  the  board  of  arbitrators  is  received. 

Notice  for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  according 
to  the  provision  of  this  section.  54  A.  31. 

Upon  complying  with  section  10837,  the  new  district  or  districts  "shall  be  deemed 
formed."  It  will  therefore  be  observed  that  failure  to  do  the  things  provided  in  this 
section  after  the  formation  of  the  district  would  not  work  a  forfeiture  of  its  organiza- 
tion. While  the  provisions  of  this  section  must  be  complied  with,  yet  the  fifteen  days' 
time  given  therefor  is  merely  declaratory. 

It  is  not  a  condition  to  the  validity  of  the  division  of  a  school  district  that  notice 
for  a  first  meeting  in  each  of  the  new  districts  should  be  posted  in  accordance  with 
the  provisions  of  section  10843  of  the  Revised  Statutes.  The  corporate  existence  of  the 
new  districts  dates  from  the  meeting  whereat  they  were  substituted  for  the  old  dis- 
trict 54  A.  31. 

The  notices  of  this  meeting  need  not  be  posted  "fifteen  days  before  the  meeting" 
as  notices  of  all  other  school  meetings  must.  In  fact,  they  cannot  be  posted  for  such 
time,  as  the  meeting  must  be  held  "within  fifteen  days  after  the  formation"  of  the 
district.  It  is  unquestionably  the  intention  of  the  law  to  make  this  exception,  although 
the  phrase  "for  the  same  length  of  time"  used  in  reference  to  the  time  of  publication 
in  newspapers  is  ambiguous. 

Sec.  10844.  Annual  meeting.  —  The  annual  meeting  of  each  school 
district  shall  be  held  on  the  first  Tuesday  in  April  of  each  year,  at  the 
district  schoolhouse,  commencing  at  2  o'clock  p.  m.  If  no  schoolhouse 
is  located  within  the  district,  the  place  of  meeting  shall  be  designated  by 
notices,  posted  in  five  public  places  within  the  district  fifteen  days 
previous  to  such  annual  meeting,  or  by  notice  for  same  length  of  time 
in  all  the  newspapers  published  in  the  district,  giving  the  time,  place 
and  purposes  of  such  meeting.  (R.  S.  1899,  §  9749,  amended,  L.  1909, 
p.  770.) 

Chairman  of  meeting  not  subject  to  criminal  law  for  rejecting  vote  of  applicant 
for  suffrage.  19  A.  210. 

The  law  fixes  the  time  of  the  annual  meeting  on  the  first  Tuesday  in  April  in 
each  year  at  2  o'clock  p.  m.  All  residents  of  the  district  are  expected  to  take  notice 
of  this  fact.  Those  who  are  present  at  the  hour  named,  and  authorized  to  participate 
in  the  deliberations,  may  organize  the  meeting  and  proceed  with  the  order  of  business 
specified  in  section  10845.  Each  item  of  the  order  of  business  may  be  taken  up  and 
disposed  of,  and  those  who  arrive  later  have  no  right  to  complain  that  they  were 
deprived  of  their  right  to  take  part  in  the  business  disposed  of  before  their  arrival. 

Sec.  10845.  Powers  of  the  annual  meeting.  —  The  qualified  voters 
assembled  at  the  annual  meeting,  when  not  otherwise  provided,  shall 
have  power  by  a  majority  of  the  votes  cast  : 

First  —  To  organize  by  the  election  of  a  chairman  and  a  secretary, 
who  shall  keep  an  accurate  record  of  the  proceedings  of  the  meeting, 
which,  when  duly  approved  and  attested  by  the  signature  of  the  chair- 
man, the  clerk  shall  enter  upon  the  record  of  the  district. 

Second  —  To  choose,  by  ballot,  one  director,  who  shall  hold  his  office 
for  the  term  of  three  years  and  until  his  successor  is  elected  and  quali- 
fied. 

Third—  To  fill  vacancies,  if  my,  caused  by  death,  resignation,  re- 


Revised  School  Laws.  55 

f usal  to  serve,  repeated  neglect  of  duty  or  removal  from  the  district ;  and 
the  persons  thus  elected  shall  hold  their  office  for  the  unexpired  term 
and  until  their  successors  are  elected  and  qualified. 

Fourth — To  determine,  by  ballot,  the  length  of  school  term  in  excess 
of  eight  months  that  the  public  schools  of  the  district  shall  be  maintained 
for  the  next  scholastic  year ;  also,  to  determine  the  rate,  if  any,  in  excess 
of  forty  cents  on  the  one  hundred  dollars '  assessed  valuation  to  be  levied 
for  school  purposes,  as  provided  for  in  section  10796. 

Fifth — to  determine,  by  majority  vote,  whether  or  not  the  school- 
house  of  the  district  may  be  used  during  the  ensuing  year  for  religious, 
literary  or  other  purposes,  or  for  the  meeting  of  farmer  or  labor  organi- 
zations, secret  or  otherwise. 

Sixth — To  decide  in  favor  of  or  against  any  proposed  change  of 
boundaries,  notice  of  such  change  having  been  given  in  each  and  every 
district  affected  thereby  in  the  manner  provided  by  law. 

Seventh — To  direct  the  sale  of  any  property  belonging  to  the  dis- 
trict but  no  longer  required  for  the  use  thereof,  to  determine  the  dis- 
position of  the  same  and  the  application  of  the  proceeds. 

Eighth — To  designate  their  choice,  by  ballot,  for  a  person  to  fill  the 
office  of  county  superintendent  of  public  schools. 

Ninth — To  determine,  by  ballot,  the  rate  to  be  levied  upon  the  one 
hundred  dollars'  assessed  valuation  necessary  to  purchase  a  site,  erect 
a  schoolhouse  thereon  and  furnish  the  same,  as  provided  for  in  section 
10797. 

Tenth — To  determine \  in  districts  newly  formed,  or  wherein  no 
schoolhouse  site  has  yet  been  selected,  the  location  thereof,  notice  having 
been  given  in  the  manner  provided  by  law. 

Eleventh — To  change  the  location  ef  schoolhouse  site  when  the 
same  for  any  cause  is  deemed  necessary:  Provided,  that  in  every  case 
a  majority  vote  of  the  voters  who  are  resident  taxpayers  of  said  district 
shall  be  necessary  to  remove  a  site  nearer  the  center  of  said  district ;  but 
in  all  cases  to  remove  a  site  further  from  the  center  of  said  district,  it 
shall  require  two-thirds  of  the  legal  voters  who  are  resident  taxpayers 
of  such  school  district  voting  at  such  election.  (R.  S.  1899,  §  9750, 
amended,  L.  1909,  p.  770.) 

To  increase  the  rate  of  taxation  for  school  purposes  above  forty  cents  on  the 
hundred  dollars  at  a  special  meeting1,  the  board  must  first  determine  the  rate  and  then 
submit  the  proposition  by  notice,  but  at  the  annual  meeting  the  board  may  simply 
submit  the  proposition  and  the  voters  determine  the  rate  of  taxation.  JBenton  v. 
Scott,  168  Mo.  378.  An  estimate  calling  for  an  increase  of  taxes  for  teachers  and 
incidental  funds,  which,  in  the  aggregate,  exceed  forty  cents  on  the  one  hundred 
dollars  valuation,  when  such  increase  has  not  been  sanctioned  by  a  majority  vote  of  the 
district,  is  not  authorized,  and  taxes  assessed  on  such  estimates  will  be  illegal  as  to 
such  excess.  Kansas  City,  etc.,  v.  Chapin,  162  Mo.  409.  To  change  the  location  of  a 
schoolhouse  site  nearer  the  center  of  district  only  a  majority  of  taxpayers  present  and 
voting  in  the  election  is  necessary.  Richardson  v.  McReynolds,  114  Mo.  641 ;  Tucker 
v.  McKay  131  A.  728.  Failure  of  district  clerk  to  copy  into  his  record  the  signature 
of  the  person  who  acted  as  chairman  of  the  annual  meeting  does  not  render  such  record 
incompetent  evidence  of  the  proceedings  of  such  meeting.  State  ex  rel.  v.  Eden,  54 
A.  31.  The  expense  of  moving  a  schoolhouse  cannot  be  paid  out  of  incidental  fund, 
but  should  be  paid  out  of  building  fund.  A  proposition  "to  move  schoolhouse  to 
southeast  corner  of  J.  B.  Whitney's  place"  held  sufficiently  definite  to  enable  directors 


56  Revised  School  Laws. 

to  determine  where  it  should  be  moved.  Livesay  v.  Whitney,  107  A.  475.  The  law 
does  not  designate  the  particular  form  in  which  minutes  of  the  annual  meeting  shall  be 
kept,  and  an  entry  that  "next  in  order  voted  to  move  schoolhouse ;  carried,"  while 
incomplete,  may  be  explained  by  parol  evidence  to  show  that  the  vote  was  by  ballot, 
and  that  the  necessary  majority  voted  therefor.  The  removal  of  a  schoolhouse 
pursuant  to  a  vote  of  district  cannot  be  enjoined  because  district  has  no  funds  to 
pay  the  expenses,  if  responsible  citizens  of  the  district  have  obligated  themselves  to 
pay  for  such  removal.  Tucker  v.  McKay,  131  A.  728. 

Note — It  seems  that  school  boards  may,  by  proper  notice,  submit  to  annual  meet- 
ings propositions  to  change  boundaries  without  a  petition  praying  for  such  change,  but 
this  point  has  not  been  directly  decided  by  appellate  courts.  Mason  v.  Kennedy,  89 
Mo.  23. 

The  powers  of  the  board  of  directors  defined.  48  A.  408;  30  A.  641.  The  powers 
conferred  on  the  voters  have  relation  to  the  then  existing  school  year.  27  A.  36. 

Our  supreme  court  has  held  that  school  districts  are  quasi  corporations,  the 
powers  and  duties  of  the  corporators  being  limited  and  prescribed  by  statute.  The 
corporators  are  the  legal  voters  of  the  district,  the  directors  being  chosen  by  them. 
Certain  powers  and  duties  devolve  by  law  exclusively  upon  the  directors,  and  the  incor- 
porators  cannot  abridge  or  interfere  with  these  powers  and  duties.  In  some  districts 
the  voters  attempt  to  select  the  teacher  by  a  vote.  The  right  to  select  teachers  belongs 
exclusively  to  the  board,  and  a  vote  taken  upon  this  proposition  must  be  considered 
by  the  board  as  a  recommendation  only.  It  will  be  observed  that  unless  otherwise 
provided  by  law,  a  proposition  submitted  to  the  annual  meeting  is  determined  by  a 
majority  of  the  votes  cast.  The  chairman  should  not  recognize  a  motion  to  adjourn 
until  all  the  business  for  which  the  meeting  was  convened  has  been  transacted.  The 
law  provides  that  the  meeting  shall  convene  at  2  o'clock  p.  m.  Promptly  at  that  time 
the  legal  voters  may  proceed  to  organize  the  meeting  and  take  up  the  order  of  busi- 
ness specified  in  section  10845.  When  the  business  is  completed,  the  meeting  may  ad- 
journ, and  voters  who  neglect  to  be  present  have  no  right  to  complain. 

First — The  meeting  is  organized  by  the  election  of  a  chairman  and  a  secretary. 
These  are  temporary  officers  and  must  not  be  confounded  with  the  president  and 
clerk  of  the  board  of  directors.  The  chairman  presides  during  the  meeting,  putting 
all  motions  and  announcing  the  result.  The  chairman  is  entitled  to  vote  upon  all 
propositions  submitted.  In  case  of  a  tie  vote,  the  proposition  or  motion  voted  upon 
must  be  declared  lost.  The  secretary  keeps  a  correct  record  of  the  proceedings  of  the 
meeting,  which,  "when  duly  approved  and  attested  by  the  chairman,"  must  be  turned 
over  to  the  district  clerk  to  be  entered  upon  the  district  record. 

Second — Notice  that  the  director  is  to  be  chosen  by  ballot  for  three  years,  and 
that  he  is  to  hold  his  office  "until  his  successor  is  elected  and  qualified."  By  reference 
to  section  10847  we  find,  speaking  of  directors,  "and  shall  hold  their  office  for  the 
term  of  three  years,  and  until  their  successors  are  elected  or  appointed  and  qualified." 
Tet,  in  section  10850,  the  remaining  two  directors  are  authorized  to  appoint  when  a 
vacancy  occurs  in  one  of  the  five  following  ways :  first,  by  death ;  second,  resignation ; 
third,  refusal  to  serve;  fourth,  repeated  neglect  of  duty;  fifth,  removal  from  the  dis- 
trict. Upon  failure  to  elect  a  director  at  the  annual  meeting,  the  remaining  two  mem- 
bers cannot  appoint,  but  the  old  director  holds  over  to  the  next  annual  meeting,  unless 
the  outgoing  member  was  appointed.  No  director  (in  an  annual  mass  meeting),  in 
a  district  with  three  directors,  can  be  elected  unless  he  receives  a  "majority  of  the 
votes  cast."  If,  upon  the  announcement  by  the  chairman  of  the  first  ballot,  no  one 
has  "a  majority  of  the  votes  cast,"  successive  ballots  should  be  taken  till  some  one 
does  receive  such  majority.  When  an  annual  meeting  has  adjourned  after  all  business 
has  been  attended  to,  another  meeting  or  getting  together  cannot  be  had  that  day 
or  at  any  other  day  except  it  be  called  in  accordance  with  section  10799.  The  election 
of  a  director  is  restricted  to  the  annual  meeting  by  section  10847. 

Third.  Filling  of  vacancies — It  should  be  noted  that  persons  elected  at  the  annual 
meeting  to  fill  vacancies  "hold  their  office  for  the  unexpired  term,  and  until  their 
successors  are  elected  and  qualified,"  while  persons  appointed  by  the  board  under 
section  10850  to  fill  vacancies  "serve  until  the  next  annual  school  meeting." 

Fourth.  Increase  of  levy  for  school  purposes— The  annual  meeting  is  authorized 
"to  determine  the  rate,  if  any,  in  excess  of  forty  cents  on  the  hundred  dollars 


Revised  School  Laws.  57 

assessed  valuation  to  be  levied  for  school  purposes."  The  proposition  voted  on  should 
be,  for  instance,  to  levy  forty-five  cents,  fifty  cents,  or  any  amount  not  exceeding  sixty- 
five  cents  on  the  one  hundred  dollars  valuation  for  school  purposes.  Both  the  Missouri 
Constitution  and  statutes  limit  the  amount  to  be  levied  for  school  purposes,  in  districts 
not  formed  of  cities  and  towns,  to  sixty-five  cents  on  the  hundred  dollars  valuation.  In 
districts  formed  of  cities  and  towns,  a  hundred  cents  on  the  hundred  dollars  valua- 
tion may  be  levied  for  school  purposes.  Only  taxpayers  can  vote  on  the  proposition 
to  increase  the  levy  for  school  purposes.  By  reference  to  section  10796  it  will  be  seen 
that  a  vote  upon  this  proposition  is  not  confined  to  the  annual  meeting,  but  can  be 
had  at  any  time  upon  petition  of  five  resident  taxpayers,  or  when  the  board  of  directors 
deem  it  necessary. 

Fifth.  To  decide  upon  use  of  schoolhouse  for  other  purposes,  etc. — The  annual 
meeting  may,  without  previous  notice,  determine  whether  or  not  the  schoolhouse  shall 
be  used  during  the  ensuing  year  for  any  other  purpose  than  that  of  the  public  school. 
See  also  section  10784. 

Seventh.  To  direct  the  sale  of  school  property — The  annual  meeting  is  here 
authorized  to  direct  the  sale  of  school  property  and  not  to  sell  it;  that  is,  to  authorize 
the  board  of  directors  to  sell  the  property — on  such  conditions  and  under  such  limita- 
tions, of  course,  as  the  annual  meeting  may  see  fit  to  impose.  It  should  be  observed 
also  that  this  property  is  to  be  "no  longer  required  for  the  use  of  the  district."  It  is  to 
be  supposed,  of  course,  that  at  the  same  annual  meeting  at  which  the  sale  of  this 
property  is  directed,  bonds  will  be  voted  for  the  erection  of  schoolhouse  and  fur- 
nishing the  same.  The  board  of  directors  should  receive  definite  instruction  not  to 
dispose  of  the  old  schoolhouse  till  a  contract  is  entered  into  for  the  building  of  a 
new  schoolhouse  before  the  opening  of  school.  The  money  derived  from  the  sale  of 
the  school  property  should  be  credited  to  the  building  fund  of  the  district. 

Tenth.  Location  of  schoolhouse  site — This  applies  to  any  school  district  seeking  a 
schoolhouse  site :  First,  to  a  regularly  organized  district  without  a  schoolhouse  site ; 
second,  to  districts  just  organized  from  unorganized  territory  (section  10836).  The 
annual  meeting  must  vote  upon  a  definite  site,  and  not  instruct  the  board  of  directors 
to  select  a  site.  The  proposition  is  carried  by  a  majority  of  the  votes  cast.  This  propo- 
sition may  be  voted  on  either  at  an  annual  meeting  or  a  special  meeting  called  in 
accordance  with  section  10799. 

Eleventh.  To  change  location  of  schoolhouse  site — In  the  discussion  of  this 
section  we  have  found  one  proposition  (increase  of  levy  for  school  purposes)  that  must 
be  decided  by  taxpayers  as  distinguished  from  qualified  voters.  The  change  of  location 
of  schoolhouse  site  is  a  second  proposition  that  is  determined  by  the  taxpayers  of 
the  district. 

The  Supreme  Court,  in  the  114  Mo.,  at  page  649,  in  speaking  upon  th4s  statute, 
said :  "A  majority  vote  of  the  voters  who  are  resident  taxpayers  of  said  district  means 
a  majority  of  the  taxpayers  present  and  voting  at  such  election."  See,  also,  37  Mo.  270. 

In  the  event  that  the  proposition  submitted  be  to  change  the  site  to  a  point  fur- 
ther from  the  center  of  the  district,  a  two-thirds  vote  of  the  resident  taxpayers  who 
are  legal  voters  present  and  voting  is  sufficient  to  carry  the  proposition.  The  law  does 
not  require  that  two-thirds  of  the  residents  of  the  district  who  are  legal  voters  and 
taxpayers  must  vote  affirmatively  upon  the  proposition  to  carry  it. 

All  propositions  submitted  at  the  annual  meeting,  except  these  two  (increase  of 
levy  for  scho®l  purposes  and  change  of  schoolhouse  site),  can  be  decided  by  the 
qualified  voters ;  these  two,  by  taxpayers  only.  For  definition  of  qualified  voter,  see 
section  10847. 

A  taxpayer  is  one  who  holds  in  the  district,  in  his  own  name,  real  or  personal 
property  liable  to  assessment  and  taxation. 

Of  the  eleven  items  of  section  10845,  the  fourth,  sixth,  ninth  and  tenth  require 
notices.  In  the  fourth,  it  is  the  latter  part — increase  of  levy — that  requires  notice. 

The  annual  meeting  cannot  authorize  a  spring  term  of  school  to  be  begun  or 
held  before  the  30th  of  June  next  succeeding;  or,  in  other  words,  it  cannot  extend 
the  term  of  school  voted  by  the  last  annual  meeting.  If  it  is  considered  desirable  to 
extend  the  school  term  beyond  that  voted  by  the  last  annual  meeting,  the  proposition 
must  be  submitted  at  a  special  meeting  called  as  provide,^  in  section  10799  for  that 
purpose. 


58  Revised  School  Laws. 

The  directors  have  no  power  of  their  own  will  to  select  the  schoolhouse  site.  57 
Mo.  430.  The  chairman  of  a  meeting  of  qualified  voters  of  a  school  district  for  the 
election  of  a  school  director  is  not  subject  to  the  criminal  law  for  rejecting  a  vote  of 
an  applicant  for  suffrage.  19  A.  210.  No  power  exists  in  a  board  of  public  school  direc- 
tors, without  authority  from  the  voters  of  the  district,  to  rent  buildings  or  rooms 
separate-  from  the  district  schoolhouse,  and  to  employ  teachers  for  a  supplemental 
school  therein.  30  A.  641.  Expense  of  moving  house  to  be  paid  out  of  building  fund. 
107  A.  475. 

FORM   FOR   NOTICE    OF   ANNUAL    SCHOOL   MEETING. 

Notice  is  hereby  given  to  the  qualified  voters  of  district  No.  ,  county  of  , 

State  of  Missouri,  that  the  annual  school  meeting  of  said  district  will  be  held  at  , 

on  Tuesday,  the  day  of  April,   191 — ,  commencing  at  2  o'clock  p.  m.,  and  among 

other  things  specified  by  the  law,  the  following  will  be  proposed  and  considered : 


-,  District    Clerk. 


Sec.  10846.    Length  of  school  required — state  aid,  how  obtained.— 

The  board  of  directors  of  every  school  district  is  hereby  empowered  and 
required  to  continue  the  public  school  or  schools  in  the  district  for  a  period 
of  eight  months  in  each  scholastic  year:  Provided,  that  when  any  dis- 
trict has  levied  for  school  purposes  (teacher  and  incidental)  the  maximum 
levy  provided  by  law,  and  the  funds  so  derived,  together  with  the  money 
on  hand  and  the  amount  received  from  the  public  funds,  are  insufficient 
to  maintain  such  school  or  schools  for  such  a  period,  paying  the  teacher  or 
teachers  a  maximum  salary  of  forty  dollars  per  month,  then  such  district 
shall  receive  from  the  state  treasurer  a  sufficient  amount  to  make  up  this 
deficit.  Any  district,  making  application  for  such  state  aid,  shall  show  that 
it  contains  an  area  of  not  less  than  six  and  one-fourth  square  miles,  that  it 
has  an  assessed  valuation  of  forty  thousand  dollars  or  less,  that  it  has  an 
enumeration  of  at  least  twenty-five  pupils  of  school  age,  that  it  has  made 
a  levy  of  sixty-five  cents  on  the  one  hundred  dollars'  valuation  for 
school  purposes,  not  more  than  twenty -five  cents  of  said  levy  to  be  used 
for  incidental  purposes,  and  that  it  has  maintained  an  average  daily  at- 
tendance of  15  pupils  during  the  past  school  term :  Provided,  that  no 
district  shall  receive  more  than  eighty  dollars.  The  directors  of  any  such 
district,  desiring  to  avail  itself  of  this  aid,  shall  meet  and,  on  or  before 
June  15th,  furnish  to  the  county  clerk  an  estimate,  verified  by  the  signa- 
ture of  the  clerk  and  the  members  of  such  board,  showing  the  amount  of 
such  probable  deficit ;  and  it  shall  be  the  duty  of  the  county  clerk  to  fur- 
nish to  the  state  superintendent  of  schools,  on  or  before  June  30th,  a  list 
of  all  districts  in  his  county  making  such  application,  showing  the  amount 
estimated  by  each  district  and  the  total  for  the  county.  Before  appor- 
tioning the  state  school  funds,  the  state  superintendent  shall  set  aside  a 
sum  equal  to  the  total  of  all  the  deficits  reported  by  all  of  the  counties  in 
the  state,  after  which  he  shall  proceed  in  accordance  with  section  10822. 
The  state  superintendent  shall  cause  the  state  treasurer  to  forward  to 
the  county  clerk  of  each  county  the  total  amount  shown  to  be  due  to 
jnich  county  to  make  up  such  deficits,  and  the  clerk  shall  thereupon  ap- 


Revised  School  Laws.  59 

portion  to  each  district  its  proper  amount  in  accordance  with  the  estimate 
on  file  in  his  office.  (Session  Acts,  1911.) 

Every  district  in  the  state  must  have  an  eight  months  term  of  school  each 
scholastic  year,  provided  a  levy  of  forty  cents  on  the  one  hundred  dollars  assessed 
valuation,  together  with  the  public  funds  and  the  cash  on  hand,  is  sufficient  therefor. 
Should  a  district  be  unable  to  have  eight  months  of  school  it  may  receive  aid  from 
the  State  under  the  following  conditions:  (a)  It  must  show  that  it  has  an  area  of  not 
less  than  six  and  one-fourth  square  miles;  (b)  that  it  has  an  assessed  valuation  of  not 
more  than  forty  thousand  dollars;  (c)  that  it  has  not  fewer  than  twenty-five  children 
of  school  age;  (d)  that  it  has  made  a  levy  of  sixty-five  cents,  not  more  than  twenty- 
five  cents  of  which  will  be  used  for  incidental  purposes;  (e)  that  it  has  maintained 
an  average  daily  attendance  of  at  least  fifteen  pupils  during  the  past  school  term. 
Formal  application  must  be  made  to  the  county  clerk  on  or  before  June  15th  and  by 
him  to  the  State  Superintendent  on  or  before  June  30th.  A  careful  reading  of  section 
10822,  especially  the  two  provisos,  is  recommended  before  sending  in  estimates  required 
by  section  10791. 

The  year  here  spoken  of  is  the  school  year  beginning  July  1st  and  ending  June 
30th. 

Sec.  10847.  Directors,  qualifications  of — how  and  by  whom  elected. 

The  government  and  control  of  the  district  shall  be*  vested  in  a  board 
of  directors  composed  of  three  members,  who  shall  be  citizens  of  the 
United  States,  resident  taxpayers  and  qualified  voters  of  the  district, 
and  who  shall  have  paid  a  state  and  county  tax  within  one  year  next 
preceding  his  or  their  election.  Said  directors  shall  be  chosen  by  the 
qualified  voters  of  the  district  at  the  time  and  in  the  manner  prescribed 
in  section  10844,  and  shall  hold  their  office  for  the  term  of  three  years, 
and  until  their  successors  are  elected  or  appointed  and  qualified,  except 
those  elected  at  the  first  annual  meeting  held  in  the  district  under  the 
provisions  of  this  chapter,  whose  term  of  office  shall  be  for  one,  two  and 
three  years,  respectively.  A  qualified  voter  within  the  meaning  of  this 
chapter  shall  be  any  person  who,  under  the  general  laws  of  this  state, 
would  be  allowed  a  vote  in  the  county  for  state  and  county  officers,  and 
who  shall  have  resided  in  the  district  thirty  days  next  preceding  the 
annual  or  special  meeting  at  which  he  offers  to  vote.  (R.  S.  1899,  § 
9759,  amended,  L.  1909,  p.  770.) 

Supreme  Court  has  jurisdiction  of  appeal  in  suit  to  oust  a  school  director.  If  a 
party  has  paid -a  State  and  county  tax  in  another  county  within  one  year  and  has 
resided  in  school  district  long  enough  to  entitle  him  to  vote,  he  may  serve  as  school 
director  if  elected.  State  ex  inf.  v.  Fasse,  189  Mo.  532. 

A  director  must  be  a  citizen  of  the  United  States,  either  naturalized  or  native 
born,  a  resident  taxpayer  and  qualified  voter  of  the  district,  and  shall  have  paid  a 
state  and  county  tax  within  one  year  next  preceding  his  election. 

The  following  portion  of  the  definition  of  a  qualified  voter  may  not  be  plain : 
"A  qualified  voter  within  the  meaning  of  this  chapter  shall  be  any  person  who,  under 
the  general  laws  of  this  State,  would  be  allowed  to  vote,"  etc.  Who  are  "allowed  to 
vote  under  the  general  laws  of  this  State?"  Article  8,  section  2  of  the  Constitution 
settles  this:  "Every  male  citizen  of  the  United  States,  and  every  male  person  of 
foreign  birth  who  may  have  declared  his  intention  to  become  a  citizen  of  the  United 
States  according  to  law,  not  less  than  one  year  nor  more  than  five  years  before  he 
offers  to  vote,  who  is  over  the  age  of  twenty-one  years,  possessing  the  following 
qualifications,  shall  be  entitled  to  vote  at  all  elections  by  the  people:  (1)  He  shall 
have  resided  in  the  State  one  year  immediately  preceding  the  election  at  which  he 
offers  to  vote ;  ( 2 )  he  shall  have  resided  in  the  county,  city  or  town  where  he  shall 
Offer  to  vote  at  least  sixty  days  immediately  preceding  the  election," 


60  Revised  School  Laws. 

Sec.  10848.  Oath  of  directors.— The  directors  shall,  within  four 
days  after  their  election  or  appointment,  take  and  subscribe  an  oath  or 
affirmation  to  faithfully  and  impartially  discharge  the  duties  of  their 
office,  which  oath  may  be  administered  by  each  other :  and  the  district 
clerk  shall  enter  the  same,  with  the  date  thereof,  upon  the  records  of  the 
district,  and  the  oath  administered  shall  be  as  follows: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States  and  the  Constitution  of  the   State  of  Missouri,  and  that  I  will  faithfully  and 

impartially  discharge  the  duties  of  school  director  in  and  for  district  No. ,  county 

of ,  State  of  Missouri,  to  the  best  of  my  ability,  according  to  law,  so  help  me  God. 


Sworn  to  and  subscribed  before  me  this  day  of  ,   191- 


(R.  S.  1899,  §  9760,  re-enacted,  L.  1909,  p.  770.) 

It  is  not  sufficient  in  administering  the  oath  of  office  to  a  newly  elected  director 
that  it  be  done  orally.  The  oath  should  be  written  or  printed  in  the  form  given  in 
this  section,  and  signed  by  the  person  or  persons  to  whom  the  same  is  being  admin- 
istered. It  should  also  bear  the  signature  of  the  person  administering  the  same, 
under  the  proper  date  thereof.  While  this  section  provides  that  the  oath  may  be  admin- 
istered by  the  members  of  the  board,  this  does  not  preclude  the  idea  that  it  may  also 
be  taken  before  any  officer  authorized  to  administer  an  oath. 

Sec.  10849.  Organization  of  board.— The  directors  shall  meet  with- 
in four  days  after  the  annual  meeting,  at  some  place  within  the  district, 
and  organize  by  electing  one  of  their  number  president;  and  the  board 
shall,  on  or  before  the  fifteenth  day  of  July,  select  a  clerk,  who  shall 
enter  upon  his  duties  on  the  fifteenth  day  of  July,  but  no  compensation 
shall  be  allowed  such  clerk  until  all  reports  required  by  law  and  by 
the  board  have  been  duly  made  and  filed.  A  majority  of  the  board  shall 
constitute  a  quorum  for  the  transaction  of  business:  Provided,  each 
member  shall  have  due  notice  of  the  time,  place  and  purpose  of  such 
meeting;  and  in  case  of  the  absence  of  the  clerk,  one  of  the  directors 
may  act  temporarily  in  his  place.  The  clerk  shall  keep  a  correct  record 
of  the  proceedings  of  all  the  meetings  of  the  board.  No  member  of  the 
board  shall  receive  any  compensation  for  performing  the  duties  of  a 
director.  (R.  S.  1899,  §  9761,  re-enacted,  L.  1909,  p.  770.) 

In  the  absence  of  evidence  to  the  contrary,  it  will  be  presumed  that  proper  notice 
was  given  of  a  special  meeting  of  directors.  Waters  v.  District,  59  A.  580.  If  two 
directors  meet  and  without  keeping  a  record  of  their  proceedings  and  without  notice 
to  the  third  member  issue  warrants,  such  warrants  will  be  illegal,  but  if  paid,  no 
action  can  be  maintained  against  the  directors  who  issued  same,  provided  they  were 
issued  for  a  valid  indebtedness  of  district.  School  District  v.  Smalley,  58  A.  658.  A 
meeting  of  directors  held  outside  of  district  is  void.  State  v.  Kessler,  136  A.  236. 

President  of  board  is  empowered  to  call  special  meetings,  and  the  only  requisite 
is  that  each  member  has  notice  of  time  and  place.  59  A.  580. 

By  organization  is  meant  election  of  officers.  The  directors  should  meet  within 
four  days  after  the  annual  meeting — that  is,  before  the  close  of  the  week  in  which 
the  election  is  held,  and  organize  by  the  election  of  a  president.  The  clerk  need  not  be 
elected  until  later,  as  he  does  not  enter  upon  the  duties  of  his  office  until  July  15th. 
The  president  must  be  a  member  of  the  board.  The  clerk  may  or  may  not  be  a  mem- 
ber of  the  board.  The  board  should,  after  organization,  fix  the  date  of  holding  regular 
meetings  of  the  board — that  is,  on  the  last  Saturday  of  each  month,  or  some  other 
date  that  may  seem  most  convenient.  After  the  date  of  holding  regular  meetings  has 
been  fixed,  it  is  the  duty  of  each  member  of  the  board  to  attend  such  meetings  with, 
out  notice.  Special  meetings  of  the  board  may  be  called  as  provided  in  section  10787. 


Revised  School  Laws.  61 

I  desire  to  call  especial  attention  to  one  provision  of  this  section — the  one  provid- 
ing that  no  compensation  shall  be  allowed  the  district  clerk  until  all  reports  required 
by  law  and  by  the  board  have  been  duly  made  and  filed.  At  the  meeting  of  the  board 
at  which  the  clerk  is  elected  his  compensation  should  be  fixed  by  an  order  of  the 
board.  The  law  clearly  contemplates  that  the  compensation  should  not  be  paid  until 
the  end  of  the  school  year  and  until  the  board  is  satisfied  that  all  reports  have  been 
made  and  filed.  The  report  usually  neglected  is  that  to  the  county  ssuperintendent, 
required  by  section  10853.  A  reasonable  compensation  should  be  paid  the  district  clerk, 
and  he  should  be  selected  solely  with  reference  to  his  qualifications  for  the  position. 
In  many  of  the  country  districts  the  board  of  directors  meet  for  organization  on  the 
same  day  and  immediately  after  adjournment  of  the  annual  meeting. 

"When  all  members  of  a  school  board  meet  at  some  place  in  the  district,  whether 
in  obedience  to  notice  or  by  accident,  they  may,  if  they  choose,  hold  a  board  meeting 
and  proceed  to  transact  any  ordinary  business  pertaining  to  the  district,  and  a  failure 
on  their  part  to  make  and  preserve  minutes  of  their  proceedings  will  not  affect  the 
rights  of  a  party  with  whom  they  have  made  a  valid  settlement  at  such  meeting." 
101  A.  115  ;  135  A.  721. 

In  order  that  the  warrant  of  a  school  district  for  the  purchase  of  books  be  legal, 
the  directors  must  meet  as  a  board,  and  as  a  body  make  the  purchase,  and  order  the 
warrant  drawn  as  the  statute  requires,  and  all  transactions  must  be  evidenced  by  the 
record  of  the  board  kept  by  the  clerk."  178  Mo.  350;  48  A.  408. 

Sec.  10850.  Vacancy  in  board  of  directors,  how  filled. — If  a  va- 
cancy occur  in  the  office  of  director,  by  death,  resignation,  refusal  to 
serve,  repeated  neglect  of  duty  or  removal  from  the  district,  the  remain- 
ing directors  shall,  before  transacting  any  official  business,  appoint  some 
suitable  person  to  fill  such  vacancy ;  but  should  they  be  unable  to  agree, 
or  should  there  be  more  than  one  vacancy  at  any  one  time,  the  county 
superintendent  of  public  schools  shall,  upon  notice  of  such  vacancy  or 
vacancies  being  filed  with  him  in  writing,  immediately  fill  the  same  by 
appointment,  and  notify  said  person  or  persons  in  writing  of  such  ap- 
pointment ;  and  the  person  or  persons  appointed  under  the  provisions  of 
this  section  shall  comply  with  the  requirements  of  section  10848,  and  shall 
serve  until  the  next  annual  school  meeting.  (R.  S.  1899,  §  9762,  amend- 
ed, L.  1909,  p.  770.) 

Failure  of  board  to  fill  vacancy  as  required  by  this  section  does  not  invalidate  its 
acts  performed  while  such  vacancy  exists.  Bauer  v.  District,  78  A.  442. 

This  section  applies  to  districts  organized  under  the  provisions  of  the  city  and 
town  schools  act,  as  •  well  as  to  country  districts.  When  a  vacancy  occurs  from 
any  of  the  causes  prescribed  in  this  section,  it  must  be  filled  before  transacting  any 
official  business.  Any  member  may  be  cited  to  appear  before  the  board  of  directors 
and  show  cause  why  his  office  should  not  be  declared  vacant  on  account  of  repeated 
neglect  of  duty.  If  it  shall  be  held  by  a  majority  of  the  board  that  such  member  is 
guilty  of  repeated  neglect  of  duty,  or  if  such  member  fails  to  appear  m  obedience  to 
notice,  his  office  may  be  by  them  declared  vacant,  and  some  person  qualified  therefor 
may  then  be  appointed  by  them  to  fill  such  vacancy  until  the  next  annual  meeting. 

FORM  FOR  APPOINTMENT  OF  DIRECTORS  BY  SCHOOL  DIRECTORS. 

We,   the  undersigned,  directors  of  district  No.  ,  of  county,   Missouri,   do 

hereby  appoint  —    —  to  fill  the  vacancy  in  the  office  of  director  of  said  district,  caused 
by  the  (death,  resignation,  removal  or  refusal  to  act,  naming  the  cause)   of  — . 


Directors. 

Sec.   10851.     Removal  of  district  clerk. — The  board  shall  have 
power  to  remove  the  district  clerk  from  his  office   for  dereliction  of 


62  Revised  School  Laws. 

duty  and  appoint  another  in  his  place,  to  whom  the  former  incumbent 
shall  immediately  deliver  his  books  and  papers  pertaining  to  the  office. 
(B.  S.  1899,  §  9769,  re-enacted,  L.  1909,  p.  770.) 

The  district  clerk  is  a  creature  of  the  board,  and  can  therefore  be  removed  "for 
dereliction  of  duty."  For  this  reason,  it  is  better  that  the  clerk  be  not  a  member  of 
the  board.  The  president  of  the  board  is  also  a  creature  of  the  board,  and  can  be 
removed  and  another  appointed.  Of  course,  he  will  still  hold  his  position  as  a  member 
of  the  board.  "It  is  essential,  in  every  case,  that  charges  be  made,  and  trial  had, 
and  that  the  accused  be  notified  and  have  a  full  opportunity  for  defense."  44  Mo.  570. 

Sec.  10852.  Joint  high  schools  may  be  established. — Whenever 
any  school  district  in  Missouri,  as  party  of  the  first  part,  has  or  will  fur- 
nish a  room  or  rooms,  suitable  for  the  purposes  of  a  high  school,  and 
will  agree  to  seat,  equip,  heat  and  keep  in  order  said  room  or  rooms 
for  high  school  purposes,  at  its  own  expense,  said  district,  together  with 
any  other  three  or  more  school  districts  in  Missouri,  as  parties  of  the 
second  part,  may  unite  as  a  public  central  high  school  district,  for  the 
purposes  of  organizing  and  maintaining  a  high  school  for  the  better 
instruction  of  the  children  of  such  school  districts  in  high  school  studies ; 
and  the  question  of  such  union  may  be  submitted  to  the  annual  meetings 
of  such  districts  severally,  by  legal  notice,  as  other  questions  are  sub- 
mitted to  such  meetings ;  and  the  clerk  of  each  district  voting  upon  the 
question  of  such  union  shall  record  the  result  of  the  vote  in  the  records 
of  the  meeting,  and,  on  the  reorganization  of  the  board  of  directors  in 
each  of  the  said  school  districts,  issue  to  the  president  thereof  a  certificate 
of  the  vote  on  the  said  question  of  union ;  and  at  2  p.  m.  on  the  Tuesday 
following  the  annual  meeting  the  directors  of  the  several  districts  which 
have  voted  on  the  question  of  said  union  shall  meet  at  the  schoolhouse 
of  the  district  herein  designated  as  party  of  the  first  part,  and  if  the 
district  so  designated  as  party  of  the  first  part,  and  any  three  or  more 
of  the  districts  herein  designated  as  parties  of  the  second  part,  shall  have 
decided  severally,  by  majority  vote,  to  form  such  central  high  school 
district,  then  the  same  shall  be  considered  formed;  and  the  directors 
of  the  several  school  districts  forming  such  central  high  school  dis- 
trict shall,  on  said  first  Tuesday  after  the  annual  election,  organize 
for  the  purposes  of  such  high  school  district  by  electing  from  their 
number  a  president  and  secretary,  and  agree,  by  a  majority  vote,  upon 
the  part,  not  to  exceed  twenty  per  cent,  of  the  teachers'  fund  of  the 
several  districts,  to  be  set  apart  by  the  directors  of  such  several  school 
districts  for  the  salary  of  the  teacher  or  teachers  of  said  central  high 
school,  and  decide  upon  the  time,  place  and  manner  of  electing  the 
teacher  or  teachers  of  said  central  high  school,  who  shall  hold  a  first- 
grade  county  certificate  or  certificates,  or  a  state  certificate  or  cer- 
tificates, and  who  shall  enter  into  a  contract  with  said  central  high 
school  directors  in  the  manner  in  which  teachers  contract  with  other 
school  districts;  and  said  directors  of  said  school  district  shall  an- 
nually thereafter,  on  the  first  Tuesday  after  the  annual  meeting,  meet 
as  hereinbefore  provided  for  their  first  organization,  and  reorganize 
by  the  election  of  a  president  and  secretary,  and  transact  such  further 
business  as  may  be  necessary  to  continue  said  central  high  school  from 
year  to  year:  Provided,  the  sum  set  aside  by  the  several  boards  of 


Revised  School  Laws.  63 

directors  of  the  several  school  districts  of  said  central  high  school 
district  for  the  salary  of  said  high  school  teacher  or  teachers  shall 
not,  in  any  one  of  said  school  districts,  exceed  twenty  per  cent,  of  the 
teachers'  fund  in  said  school  district;  and  the  county  treasurer,  or 
the  township  trustees  handling  the  funds  of  said  school  district  form- 
ing said  central  high  school  district,  shall,  upon  notice  from  the  secre- 
tary of  said  central  high  school  district,  set  aside  for  the  salary  of 
said  central  high  school  teacher  or  teachers  the  part  of  teachers'  fund 
of  the  said  several  school  districts  agreed  upon  and  set  apart  by  the 
directors  of  the  said  several  school  districts,  as  herein  provided  for; 
and  said  county  treasurer  or  township  •  trustees  shall  pay  said  high 
school  teacher  or  teachers  from  said  fund  set  aside,  upon  the  warrant 
of  the  president  and  secretary  of  said  central  high  school  district; 
and  the  authority  of  the  central  high  school  board  of  directors  herein 
created  over  the  central  high  school,  as  to  rules  and  regulations,  shall 
be  the  same  as  that  of  the  board  of  directors  of  other  school  districts 
over  the  schools  of  their  school  districts:  Provided,  that  the  length  of 
term  of  said  central  high  school  shall  not  exceed  the  average  length  of 
term  in  the  school  districts  of  which  said  central  high  school  district  is 
composed:  Provided,  that  no  pupil  shall  be  permitted  to  enter  the 
classes  of  said  central  high  school  who  has  not  completed  the  study 
of  descriptive  geography,  practical  arithmetic,  mental  arithmetic,  Ian 
guage  lessons  and  elementary  grammar,  United  States  history  and  ele- 
mentary physiology ;  and  the  teacher  or  teachers  of  said  central  high 
school  may  examine  all  pupils  desiring  to  enter  said  central  high  school, 
to  test  their  knowledge  of  the  aforesaid  subjects.  (R.  S.  1899,  §  9773, 
re-enacted,  L.  1909,  p.  770.) 

This  has  been  in  the  statutes  for  more  than  twenty  years,  and  but  one  high  school 
has  been  organized  under  its  provisions.  It  would  be  a  much  better  plan  to  consolidate 
four  or  more  school  districts  into  one  district  for  all  school  purposes.  This  can  be  done 
in  accordance  with  section  10837.  "When  it  is  deemed  necessary  to  form  a  new  district, 
to  be  composed  of  two  or  more  entire  districts,  etc."  Four  or  more  districts  with  a 
village  near  the  center  should  be  consolidated  into  one  new  district,  and  then  within 
fifteen  days  the  voters  should  meet  and  organize  this  new  district  for  work  according  to 
ssection  10843,  and  just  as  soon  as  possible  organize  as  a  village  district  with  six  direc- 
tors. This  will  provide  definitely  for  a  school  of  higher  grade  and  such  primary  schools 
as  the  board  may  deem  necessary.  Such  an  organization  will  enable  the  board  to  main- 
tain a  school  in  each  of  the  several  original  districts  and  to  establish  a  central  high 
school  within  reach  of  all  the  children  prepared  therefor,  and  none  of  them  need  to 
have  farther  than  six  miles  to  go  to  such  high  school.  The  elementary  schools  in  the 
subdistricts  may  be  properly  graded  and  have  some  supervision  by  the  principal 
of  the  high  school.  The  board  could  employ  him  with  this  in  view.  All  the  schools 
would  be  maintained  for  the  same  length  of  term  out  of  a  common  fund  derived  from 
the  same  rate  of  taxes  levied  on  the  property  of  the  entire  consolidated  district.  In 
the  event  that  the  attendance  in  any  one  of  the  subdistricts  should  fall  below  a 
certain  number,  the  board  could  discontinue  that  school  and  arrange  to  have  such 
pupils  transferred  and,  if  need  be,  carried  by  conveyances  to  other  school  or  schools 
in  the  district.  There  is  nothing  in  the  law  to  prevent  such  an  organization.  It  has 
been  tried  in  other  states.  It  is  practical,  especially  in  populous  sections  of  our 
state,  and  more  especially  where  good  roads  are  provided  or  shall  be  provided.  The 
advantages  summed  up  in  a  few  words  are  :  equal  taxation ;  equal  privileges  for  the 
children  in  length  of  term,  efficiency  of  teachers,  and  proper  grading ;  all  children 
having  opportunity  of  a  good  high  school  with  free  tuition  ;  economy  of  teaching  force 


64  Revised  School  Laws. 

by  collecting  together  a  sufficient  number  of  advanced  pupils  to  justify  the  employ- 
ment of  a  good  teacher  and  in  closing  out  the  elementary  schools  with  small  attend- 
ance. 

Sec.  10853.  Duties  of  district  clerk.— The  district  clerk  shall  keep 
a  record  of  the  proceedings  of  all  annual  and  special  meetings  of  the 
qualified  voters  of  the  district;  also,  the  proceedings  of  the  board  of 
directors.  He  shall  make  copies  of  the  election 'notices,  contracts  with 
teachers,  certificates  and  all  other  papers  relating  to  the  business  of 
the  district,  and  securely  keep  the  same.  He  shall  transmit  to  the 
county  superintendent,  on  or  before  the  fifteenth  day  of  July  in  each 
year,  a  report  embracing  the  following  items:  First,  the  number  of 
children,  male  and  female,  white  and  colored,  attending  the  public  schools 
during  the  year;  second,  total  number  of  days  attendance  by  all  such 
children;  third,  the  number  of  days  the  public  schools  of  the  district 
have  been  maintained  during  the  school  year;  fourth,  the  number  of 
teachers  employed,  male  and  female,  and  the  wages  per  month  of  each ; 
fifth,  the  number  of  schoolrooms  occupied  in  the  district,  and  the  num- 
ber of  children  that  may  be  seated, in  the  same;  sixth,  estimated  value 
of  school  property  owned  and  managed  by  the  district ;  seventh,  assessed 
valuation  of  the  district;  eighth,  rate  of  school  tax  on  the  assessed  valu- 
ation of  the  district;  ninth,  cash  on  hand  at  the  beginning  of  the  year; 
tenth,  tuition  fees  received  and  credited  to  the  teachers'  fund  of  the 
district;  eleventh,  public  funds  received  by  county  treasurer;  twelfth, 
district  tax  received  by  county  (or  township)  treasurer;  thirteenth, 
amount  paid  on  teachers '  wages ;  fourteenth,  amount  paid  for  incidental 
expenses ;  fifteenth,  amount  expended  for  purchasing  site,  erecting  school- 
houses,  rent  and  repairs ;  sixteenth,  amount  expended  in  cancelling  bond- 
ed indebtedness  and  paying  interest  on  same;  seventeenth,  amount  ex- 
pended for  library;  eighteenth,  cash  on  hand  at  the  end  of  the  year. 
(R.  S.  1899,  §  9784,  amended,  L.  1909,  p.  770.) 

Notice  of  election,  when  signed  by  clerk,  is  sufficiently  authenticated.  Mason  v. 
Kennedy,  89  Mo.  23. 

30  A.  641;  48  A.  408;  58  A.  658.  District  clerk  should  enter  upon  records  of  dis- 
trict an  exact  copy  of  record  of  annual  meeting  as  kept  by  secretary ;  but,  should  he 
fail  to  do  so,  his  record  is  admisssible  in  evidence.  54  A.  31. 

This  section  makes  it  the  duty  of  the  district  clerk  (1)  "to  keep  a  record  of  the 
proceedings  of  all  annual  and  special  meetings;"  (2)  "of  the  proceedings  of  the  board 
of  directors;"  (3)  he  shall  make  copies  of  the  election  notices,  contracts  with  teachers, 
certificates  and  all  other  papers  relating  to  the  business  of  the  district,  and  securely 
keep  the  same;  (4)  to  "transmit  to  the  county  superintendent  on  or  before  the  fifteenth 
day  of  July  in  each  year  a  report."  The  record  of  the  annual  and  special  school 
meetings  is  of  special  importance.  It  is  the  only  official  evidence  of  these  proceedings. 
Grave  questions  are  settled  at  these  school  meetings: — directors  elected,  levies  made 
for  school  purposes  and  for  building  purposes,  and  school  bonds  voted.  Remember  that 
the  record  of  the  district  clerk  obtained  from  the  secretary  of  the  meeting  is  the  only 
official  and  legal  evidence  of  these  transactions.  The  financial  statement  to  the  annual 
meeting  should  be  carefully  recorded. 

Again,  how  important  it  is  that  the  proceedings  of  the  board  of  directors  be 
carefully  recorded.  This  record  is  the  only  legal  evidence  as  to  whether  a  teacher  was 
elected  or  a  contract  let.  But  no  duty  of  the  district  clerk  is  more  important  than  that 
of  transmitting  a  correct  report  to  the  county  superintendent,  embracing  every  item  in 
the  blank  report  prepared  by  the  state  superintendent.  This  report  is  due  from  the 
district  clerk  "on  or  before  the  fifteenth  day  of  July  in  each  year."  The  law  specifies 


Revised  School  Laws.  65 

that  it  must  be  made  on  or  before  July  15.  This  does  not  mean  the  last  of  July  or 
any  time  during  August  or  September,  as  many  district  clerks  seem  to  think.  If  the 
district  clerks  do  not  make  their  reports  promptly,  how  can  the  county  superintendent 
make  his  report  promptly  to  the  state  superintendent?  As  late  as  November,  we  urge 
a  county  superintendent  to  send  in  his  report.  He  replies  that  some  district  clerks 
have  so  far  failed  to  make  their  reports  to  him.  Boards  of  directors  should  dismiss 
such  inefficient  clerks.  Note,  also,  from  section  10849  that  no  clerk  shall  receive  his 
compensation  until  his  report  is  made.  Board  should  not  allow  the  clerk  any  pay 
until  he  shows  receipt  from  the  county  superintendent  that  his  report  is  accepted. 
This  should  be  enforced  strictly.  This  report  cannot  be  made  before  the  first  day  of 
July,  because  the  school  year  does  not  end  till  the  30th  day  of  June.  You  will  notice 
(section  10831)  that  it  is  between  July  1  and  July  15  that  the  county  treasurer  settles 
with  the  county  clerk,  thus  arriving  at  the  data  for  the  financial  statement  of  each 
district  of  the  county,  showing  the  receipts  and  disbursements.  Duties  of  district 
clerks  discussed.  89  Mo.  23. 

Sec.  10854.  District  clerk  to  procure  record  books. — It  shall  be  his 
duty  to  procure  the  necessary  record  books  for  the  proper  transaction 
of  the  duties  of  his  office ;  also,  to  procure  and  furnish  to  each  teacher  a 
school  register,  properly  ruled,  headed  and  classified,  to  exhibit  the  fol- 
lowing: The  names,  ages  and  studies  pursued  by  all  pupils  attending 
the  school,  the  date  of  their  entrance,  daily  attendance  and  absence,  and 
the  date  of  the  visitation  of  the  school  by  the  directors  or  patrons,  and 
such  other  facts  as  the  state  superintendent  may  require — the  above  to  be 
paid  for  out  of  the  moneys  used  to  defray  the  incidental  expenses  of  the 
district.  (R.  S.  1899,  §  9786,  re-enacted,  L.  1909,  p.  770.) 

In  the  district  clerk's  record  book  are  recorded  the  proceedings  of  annual  and 
special  meetings  of  the  board  of  directors,  copies  of  election  notices,  contracts  with 
teachers,  etc.,  in  accordance  with  section  10853.  District  clerk  must  procure  a  register 
for  the  teacher.  This  is  not  optional,  and  the  teacher  should  take  special  pains  to  use 
this  register  to  the  best  advantage.  Section  10807. 

Section  10822  (Laws  of  1911)  makes  it  the  duty  of  the  district  clerk  to  report  to 
the  county  clerk  between  June  15  and  June  30  of  each  year  several  items  which  will 
render  it  necessary  for  the  clerk  to  be  thoroughly  familiar  with  the  records  of  the 
school.  The  clerk  should  read  section  10822  very  carefully,  as  the  public  funds  will,  in 
the  future,  be  apportioned  in  accordance  with  these  reports  to  the  county  clerks. 

Sec.  10855.  District  clerk  to  post  notices. — It  shall  be  the  duty  of 
the  district  clerk  to  post  all  notices  required  by  law,  when  duly  ordered 
by  the  board,  for  any  annual  or  special  school  meeting ;  also,  those  re- 
quired by  law  to  be  posted  by  the  district  clerk  without  such  order  of 
the  board;  and  all  such  notices  shall  be  given  as  provided  in  section 
10844.  (R.  S.  1899,  §  9787,  amended,  L.  1909,  p.  770.) 

A  notice,  issued,  signed  and  posted  by  clerk  is  sufficient.  Mason  v.  Kennedy,  89 
Mo.  23. 

Change  of  boundary  of  district;  duty  of  clerk  as  to  notices.  89  Mo.  23.  Suf- 
ficiency of  notice.  54  A.  31. 

Special  meetings  are  those  provided  for  by  sections  10777,  10796,  10797  and  10799. 
It  is  supposed  that  all  qualified  voters  should  take  notice  of  the  annual  meeting  with- 
out notices  being  posted,  but  it  has  become  customary  to  post  notices  for  annual  meet- 
ings as  well  as  for  special  meetings,  as  it  often  happens  that  special  propositions 
requiring  notice  are  voted  on  at  the  annual  meeting.  Propositions  requiring  notices  for 
the  annual  meeting  should  be  considered  as  if  submitted  at  a  special  meeting.  In  other 
words,  the  annual  meeting  becomes  a  special  meeting  when  it  considers  anything  not 
specifically  designated  as  belonging  thereto.  The  district  clerk  may  be  proceeded 
against  under  section  10802  for  failure  to  perform  his  duty. 

SLr— 5 


66  Revised  School  Laws. 

Sec.  10856.  Payment  of  district  indebtedness. — Upon  the  order  of 
the  board  of  directors,  it  shall  be  the  duty  of  the  district  clerk  to  draw 
warrants  on  the  county  treasurer  in  favor  of  any  party  to  whom  the 
district  has  become  legally  indebted,  either  for  services  as  teacher,  for 
material  purchased  for  the  use  of  the  school,  or  material  or  labor  in  the 
erection  of  a  schoolhouse  for  said  district — the  said  warrant  to  be  paid 
out  of  any  moneys  in  the  appropriate  funds  in  the  hands  of  the  said 
treasurer  and  belonging  to  the  district.  The  species  of  indebtedness 
must  be  clearly  stated  and  should  be  drawn  on  its  appropriate  fund; 
all  moneys  for  teachers'  wages  on  the  teachers'  fund;  all  moneys  used 
in  the  purchase  of  a  site,  erection  x>f  building  thereon,  and  furnishing 
the  same,  on  building  fund ;  and  all  other  expenses  to  be  paid  out  of  the 
incidental  fund:  Provided,  however,  that  no  order  for  the  payment  of 
teachers'  wages  shall  be  drawn  in  favor  of  any  person  not  holding  a  certif- 
icate of  qualification,  signed  by  the  county  superintendent,  state  super- 
intendent or  a  certificate  or  diploma  conferred  by  a  normal  school  of  this 
state,  or  in  favor  of  any  teacher  delinquent  in  his  monthly  or  term  re- 
ports ;  and  further  provided,  that  before  drawing  any  such  warrant,  the 
president  of  the  board  shall  first  visit  the  office  of  the  county  or  township 
treasurer,  and  record  his  signature  in  a  book  to  be  kept  in  the  office  of  said 
treasurer  for  that  purpose,  and  for  making  such  trip  such  president  of 
the  board  shall  be  allowed  one  dollar  per  day  and  his  necessary  travel- 
ing expenses,  payable  out  of  the  incidental  funds  of  his  district.  (R.  S. 
1899,  §  9788,  amended,  L.  1909,  p.  770.) 

Directors  are  not  personally  liable  for  a  school  warrant  drawn  when  there  is  no 
money  in  the  treasury  to  pay  same,  provided  they  have  not  issued  warrants  in  excess 
of  the  taxes  levied  and  other  income  of  district  for  the  year.  Jacquemin  v.  Andrews, 
40  A.  507.  Mandamus  will  not  lie  to  compel  board  of  directors  to  issue  warrants  to 
pay  a  judgment  if  such  judgment  fails  to  recite  the  nature  of  the  contract  or  indebted- 
ness upon  which  it  is  based.  State  ex  rel.  v.  Board,  97  A.  613.  Teacher  may  recover 
wages  if  school  be  closed  without  his  consent  because  not  enough  of  outstanding  taxes 
have  been  collected  to  pay  his  wages.  Rudy  v.  District,  30  A.  113.  Changing  a  school 
warrant  constitutes  forgery.  State  ex  rel.  v.  Tyree,  201  Mo.  574. 

The  words  "contingent"  and  "incidental"  are  used  interchangeably  to  denote  the 
same  fund. 

Where  an  average  rate  for  school  building  tax  is  computed  upon  a  basis  which 
•blends,  rate  of  taxes  for  school  buildings,  sinking  and  interest  fund,  the  irregularity 
is  no  ground  to  enjoin  collection  of  tax.  126  Mo.  472.  Those  funds  are  all  part  of 
building  fund.  Id.  Until  teacher  files  his  report,  directors  have  no  right  to  order  pay- 
ment of  his  wages.  24  A.  213.  But  teacher  does  not  forfeit  any  rights  under  his  con- 
tract by  failure  to  make  such  reports,  if  prevented  from  so  doing  by  action  of 
directors.  30  A.  113;  31  Mo.  319. 

This  section  provides  for  the  drawing  of  warrants  upon  the  "order  of  the  board 
of  directors,"  by  the  district  clerk,  "on  the  county  treasurer,  in  favor  of  any  party  to 
whom  the  district  has  become  legally  .indebted."  These  warrants  must  be  upon  the 
proper  fund.  Three  funds  are  specified — teachers'  fund,  building  fund  and  contingent, 
or  incidental,  fund.  The  species  of  indebtedness  must  be  clearly  stated.  No  teacher 
delinquent  in  his  monthly  or  term  reports,  or  not  holding  a  legal  certificate,  can 
receive  a  warrant.  The  president  of  the  board  is  required  to  record  his  signature  with 
the  county  or  township  treasurer.  The  object  of  this  is  to  prevent  fraud.  By  section 
10868  in  express  terms,  and  by  section  10849  by  inference,  no  warrant  can  be  ordered 
except  by  a  majority  of  the  board  ;  that  is,  unless  a  majority  of  the  whole  board  vote 
therefor.  By  section  10849  a  majority  of  the  board  is  necessary  to  constitute  a 
quorum.  A  majority  of  a  board  of  three  is  two.  If  two  members  are  present,  both 


'Laws.  67 

must  vote  for  issuing  the  warrant  before  it  can  be  ordered  issued.  This  is  a  majority 
of  the  entire  board.  In  signing  warrants,  the  president  and  clerk  of  the  board  act 
ministerially.  It  is  their  duty  to  sign  warrants  when  ordered  by  the  board,  regardless 
of  their  preferences  in  the  matter.  Boards  of  directors,  in  purchasing  furniture  or 
apparatus  from  agents,  should  be  very  careful  not  to  be  induced  to  sign  any  contracts 
or  warrants  presented  by  these  agents.  If  a  purchase  is  made  from  agents,  the 
warrant  should  be  drawn  upon  the  legal  blanks  belonging  to  the  board  and  upon  the 
incidental  fund. 

Boards  of  directors  have  no  authority  to  order  a  warrant  or  enter  into  a  contract 
exceeding  the  revenue  provided  for  the  current  school  year.  Such  warrant  or  contract 
does  not  constitute  a  legal  claim  against  the  district. 

Sec.  10857.    Form  of  warrant — to  be  paid  from  proper  fund. — The 

warrants  thus  drawp.  shall  be  in  the  following  form,  and  shall  be  signed 
by  the  president  of  the  board  and  countersigned  by  the  district  clerk: 

TEACHERS'    FUND. 

$ No 

Treasurer   of    county,    Missouri : 

Pay  to   ,  or  order,  for  services  as  teacher  in  district  No '.-..., 

dollars,  out  of  any  funds  in  your  hands  for  the  payment  of  teachers' 

wages  belonging  to  said  district. 

Done  by   order   of  the   board,   this    day  of    ,    191 .. 

President.  Clerk. 

INCIDENTAL  FUND. 

$ No 

Treasurer  of county,  Missouri : 

Pay  to   or  order,  the  sum  of 

dollars,  for    furnished  district  No ,   out  of 

any  funds  in  your  hands  for  the  payment  of  incidental  expenses  belonging  to  said 
district. 

Done   by   order  of  the   board,    this    day  of    ,    191 .. 

President.  ,   Clerk. 

BUILDING   FUND. 

5 No 

Treasurer  of county,  Missouri : 

Pay  to    or  order,  the  sum  of dollars, 

for furnished  in  the  erection  of  a  schoolhouse  in  district 

No ,  out  of  any  money  in  your  hands  belonging  to  the  building  fund  of 

said  district,  and  not  otherwise  appropriated. 

Done  by   order  of  the   board,    this    day  of    • 191 .. 

,  President.  r   Clerk. 

The  treasurer  shall  open  an  account  for  each  fund  specified  in  this 
section,  and  all  moneys  received  from  the  state,  county  and  township 
funds,  and  all  moneys  derived  from  the  taxation  for  teachers'  wages, 
and  all  tuition  fees,  shall  be  placed  to  the  credit  of  the  "teachers'  fund;" 
the  money  derived  from  taxation  for  incidental  expenses  shall  be  credited 
to  the  "incidental  fund;"  all  moneys  derived  from  taxation  for  build- 
ing purposes,  from  the  sale  of  school  site,  schoolhouse  or  school  furniture, 
from  insurance,  from  sale  of  bonds,  from  sinking  fund  and  interest, 
shall  be  placed  to  the  credit  of  the  ' '  building  fund ; ' '  and  all  moneys  not 
herein  specified  that  now  belong  to  any  school  district,  or  that  may  here- 
after be  received  by  such  school  district,  shall  be  placed  to  the  credit  of 
the  "teachers'  fund"  of  such  school  district.  No  treasurer  shall  honor 


68  Revised  School  Laws. 

any  warrant  unless  it  be  in  the  proper  form  and  upon  the  appropriate 
fund;  and  each  and  every  warrant  shall  be  paid  from  its  appropriate 
fund,  and  no  partial  payment  shall  be  made  upon  any  school  warrant, 
nor  shall  any  interest  be  paid  upon  any  such  warrant :  Provided,  that 
the  board  of  directors  shall  have  the  power  to  transfer  from  the  incidental 
to  the  building  fund  such  sum  as  may  be  necessary  for  the  ordinary  re- 
pairs of  school  property:  Provided  further,  that  in  the  event  of  a 
balance  remaining  in  the  building  fund  after  the  purpose  for  which  said 
fund  was  levied  is  accomplished,  the  said  board  shall  have  the  power 
to  transfer  such  unexpended  balance  to  the  incidental  fund.  (R.  S. 
1899,  §  9789,  amended,  L.  1909,  p.  770.) 

When  the  law  requires  an  officer  to  perform  a  ministerial  duty  he  is  liable  for 
damages  if  he  refuses  to  perform  such  duty.  When  holder  of  school  warrant  demanded 
damages  from  treasurer  for  failure  to  pay  his  warrant,  but  accepted  the  face  value 
of  the  warrant,  he  waived  his  claim  to  such  damages.  St.  Joseph,  etc.,  v.  Hull,  72  A.  403. 

School  warrant  will  not  draw  interest,  but  treasurer  refusing  to  pay  warrant, 
when  legally  drawn  and  payment  of  same  demanded,  will  be  liable  on  his  official  bond 
for  damages  sustained,  which  would  be  interest  on  amount  detained.  72  A.  403. 

This  section  defines  the  three  funds  and  gives  the  source  from  which  each  is  de- 
rived. No  provision  is  made  in  the  law  for  any  transfer  of  money  into  the  teachers' 
fund  or  out  of  the  teachers'  fund.  The  two  provisos  of  above  section  make  clear  the 
circumstances  under  which  sums  may  be  transferred  from  the  incidental  to  the  build- 
ing fund  and  vice  versa. 

Sec.  10858.  County  court  may  invest  sinking  fund,  when  and  how. 
Whenever  there  are  outstanding  any  legal  county  revenue  warrants  of 
any  county  bearing  six  per  cent,  interest,  which  will  be  redeemed  by 
the  taxes  of  the  current  year,  and  there  are  school  moneys  in  the  hands 
of  the  county  treasurer  belonging  to  the  various  districts,  which  will 
not  be  required  for  the  support  of  the  public  schools  before  the  date 
when  such  revenue  warrants  will  be  paid,  the  county  courts  are  author- 
ized to  direct  the  county  treasurer  to  invest  such  surplus  school  moneys 
in  the  revenue  warrants,  and  hold  them  for  the  use  and  benefit  of  the 
school  districts  until  the  money  for  the  redemption  of  such  warrants  is 
received  into  the  county  revenue  fund,  when  such  money  shall  be  applied 
to  their  payment.  (R.  S.  1899,  §  9792,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10859.  County  treasurer  to  report. — The  county  treasurer 
shall,  at  the  .first  term  of  county  court  after  the  redemption  of  the  war- 
rants by  the  county  revenue  fund,  submit  to  the  court  a  detailed  state- 
ment showing  the  amount  and  time  the  school  moneys  were  invested,  the 
amount  belonging  to  each  district  so  used,  and  the  amount  of  interest 
realized  for  each  district;  and  the  court  shall  direct  such  interest  to  be 
placed  to  the  credit  of  the  respective  districts  and  the  treasurer  be 
charged  therewith.  (R.  S.  1899,  §  9793,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10860.  Records  of  district  clerk.— The  district  clerk  shall 
record  a  copy  of  all  reports  made  by  him  to  the  county  superintendent. 
He  shall  also  record  in  the  record  book  of  the  district  a  correct  plat  of  the 
district,  changing  the  same  as  often  as  alteration  is  made  in  the  boundary 
lines  by  the  proper  authority,  and  shall  furnish  the  county  clerk  and 
county  superintendent  With  copies  of  the  same,  and  shall  officially  notify 
them  of  any  change  whenever  made.  (R.  S.  1899,  §  9794,  amended,  L. 
1909,  p.  770.) 


lie  vised  ticliool'Laws.  69 

A  change  of  boundaries  takes  effect  from  the  date  when  made,  regardless  of 
whether  a  copy  of  plat  showing  such  change  is  furnished  to  county  clerk  as  required 
by  this  section.  Henry  v.  Dulle,  74  Mo.  443. 

Sec.  10861.  Teachers'  monthly  and  term  reports. — It  shall  be  the 
duty  of  every  teacher  to  make  out  and  file  with  the  district  clerk,  at  the 
expiration  of  each  month,  a  report  of  the  number  of  pupils  in  attend- 
ance during  the  month,  distinguishing  between  male  and  female,  the 
average  attendance,  and  such  other  statistics  as  the  board  of  directors, 
by  order,  may  require,  and  no  warrants  shall  be  ordered  by  the  board  or 
drawn  by  the  clerk  for  such  month's  salary  until  such  monthly  report 
has  been  made  and  filed  with  the  district  clerk;  and  at  the  close  of  the 
term,  a  report,  embracing  a  summary  of  the  above,  together  with  the 
length  of  term  taught,  wages  paid,  teachers  employed,  and  such  other 
information  as  the  board,  by  its  official  acts,  may  require;  a  duplicate 
of  same  shall  be  filed  With  the  county  superintendent,  and  no  warrant 
shall  be  issued  by  said  clerk  in  favor  of  such  teacher  for  the  last  month's 
salary  of  such  term  until  he  shall  have  filed  with  said  clerk  and  county 
superintendent  such  term  report.  (R.  S.  1899,  §  9801,  re-enacted,  L. 
1909,  p.  770.) 

A  teacher  cannot  recover  his  wages  by  suit  if  he  has  failed  to  furnish  the  reports 
required  by  this  section.  Hall  v.  District,  24  A.  213.  Teacher  cannot  be  deprived 
of  his  salary  for  failure  to  enforce  a^ule  prescribed  by  directors  unless  he  be  notified 
of  such  rule.  Perkins  v.  District.  61  A.  512. 

Teacher  must  make  out  and  file  with  clerk  of  district  monthly  report  to  entitle 
him  to  wages.  24  A.  213. 

Many  teachers  are  careless  in  making  their  monthly  and  term  reports,  often 
using  lead  pencil  instead  of  pen  and  ink,  and  sometimes  using  any  kind  of  paper 
instead  of  the  proper  blanks  sent  out  from  this  department.  In  a  graded  school  com- 
posed of  a  number  of  teachers,  the  assistant  teachers  should  make  their  reports  to 
the  principal  or  superintendent,  and  he  should  condense  these  reports  and  make  one 
report  to  the  board.  "No  warrant  shall  be  issued  by  said  clerk  in  favor  of  such 
teacher  for  the  last  month's  salary  of  such  term  unless  he  shall  have  filed  with  said 
clerk  such  term  report."  This  should  be  strictly  adhered  to.  See,  also,  section  10859. 
"Where  a  teacher  in  a  school  district  failed  to  make  out  and  file  with  the  clerk  of  the 
school  district  the  monthly  report  required  by  the  statute,  the  board  of  directors  of 
the  school  district  had  no  power  to  order  the  payment  of  such  teacher's  wages  under 
the  statute,  and  he  could  not  lawfully  recover  judgment  against  the  school  district  on 
account  of  a  claim  which  the  statute  prohibited  it  from  paying."  24  A.  214.  Notice, 
also,  the  following  from  30  A.  113  :  "A  teacher  does  not  forfeit  any  right  under  his 
contract,  or  under  the  law,  by  failing  to  make  monthly  reports  when,  by  action  of  the 
directors,  the  school  has  been  closed  and  there  is,  therefore,  nothing  to  report."  The 
term  report  blank  calls  for  individual  pupils'  reports.  A  school  board  lays  its  mem- 
bers personally  responsible  if  it  pays  the  teacher  the  last  month's  salary  before  this 
term  report  is  made  according  to  the  prescribed  blank. 

Sec.  10862.  Loan  of  surplus  district  school  money. — Whenever  it 
shall  be  found  that  any  school  district  has  any  surplus  funds  in  the  coun- 
ty treasury,  the  directors  f>f  such  school  district  may  make  application,  in 
writing,  to  the  county  court,  setting  forth  that  school  funds  are  accumu- 
lating beyond  the  wants  or  necessities  of  such  district.  Upon  such  ap- 
plication, it  shall  be  the  duty  of  the  county  court  to  cause  such  funds 
to  be  loaned  for  the  use  and  benefit  of  such  school  district.  (R.  S.  1899, 
§  9838,  re-enacted,  L.  1909,  p.  770.) 

Sec,  10863.    How  loaned. — Such  school  funds  shall  be  loaned  at  the 


70 


Revised  School  Laws. 


same  rate  of  interest  and  in  the  same  manner  as  township  school  funds 
are  loaned :  Provided,  that  no  school  tax  shall  be  levied  in  such  district 
other  than  for  incidental  expenses  during  the  time  for  which  such  sur- 
plus fund  is  sought  to  be  loaned ;  and  provided  further,  that  a  free  public 
school  shall  be  maintained  in  such  school  district  for  at  least  eight  months 
in  each  year.  (R.  S.  1899,  §  9839,  amended,  L.  1909,  p.  770.) 

The  sureties  on  the  general  bond  of  a  county  treasurer  are  not  liable  for  his 
failure  to  account  for,  and  pay  over  to  his  successor  in  office,  county  and  township 
school  funds.  For  the  special  duties  imposed  upon  him,  by  the  school  law  he  is 
answerable  on  a  separate  bond.  55  Mo.  80.  A  treasurer  of  a  school  township  is  liable 
on  his  official  bond  for  school  funds  deposited  in  bank,  and  lost  through  the  failure  and 
insolvency  of  the  bank,  although  he  was  not  guilty  of  any  want  of  care  or  prudence  in 
failing  to  ascertain  its  financial  condition.  67  Mo.  395.  Where  the  county  treasurer 
receives  a  check  from  the  state  treasurer  in  payment  of  the  apportionment  of  the 
amount  due  the  county  from  the  public  school  moneys,  and  fails  to  use  diligence  in 
collecting  the  check,  the  loss,  if  any  occur  thereby,  falls  on  the  county  treasurer.  67 
Mo.  139  ;  56  Mo.  65.  An  action  on  the  bond  of  a  defaulting  county  treasurer  to  recover 
school  moneys  is  properly  brought  by  the  county  in  the  name  of  the  state  to  the  use 
of  the  county.  The  statute  does  not  require  it  to  be  brought  to  the  use  of  the  county 
clerk.  68  Mo.  454. 


ARTICLE  IV. 

LAWS  APPLICABLE  TO  CITY,   TOWN  AND  CONSOLIDATED   SCHOOLS. 


SECTION 

10864.  Organization     of    town     or    city 

school  districts — corporate  pow- 
ers. 

10865.  Town    or    city    school    districts, 

how    organized. 

10866.  Board    of    education,    tenure    of 

members  of — vacancies  in,  how 
filled. 

10867.  Election   of  directors. 

10868.  Organization    of    board  —  duties 

of    officers. 

10869.  Primary  and  high  schools  to  be 

established    and    sites    located. 

10870.  Town,       city       or       consolidated 

school  districts — how  disorgan- 
ized. 

10871.  Duties,    restrictions    and    liabili- 

ties  of   boards. 

10872.  Corporate    seal — school   term. 

10873.  Bond    of    treasurer. 

10874.  Liability    of    treasurer    for    sink- 

ing fund  and  interest — compen- 
sation. 


SECTION 

10875.  District    moneys    to    be    paid    to 

treasurer. 

10876.  Settlement   of   treasurer. 

10877.  Duties     of      county      clerk — how 

paid. 

10878.  Duties    of    collectors. 

10879.  Regulations    governing    elections 

at   annual   meetings. 

10880.  Annexation  to  town  and  city  dis- 

tricts. 

10881.  Change    of    boundary    lines    and 

division   of  property. 

10S82.  Annexation  to  school  district 
when  corporate  limits  are  ex- 
tended. 

10883.  Consolidated         districts  —  how 

formed. 

10884.  Employment      of      members      of 

board — publication   of   financial 
report. 

10885.  Boards  may  accept  gifts  for  li- 

braries. 

10886.  Depositories   of   school   moneys. 


Sec,  10864.  Organization  of  town  or  city  school  districts— cor- 
porate powers. — Any  common  school  district  containing  within  its 
boundaries  a  city,  town  or  village,  the  plat  of  which  has  been  filed  in  the 
recorder's  office  of  the  county  in  which  the  same  is  situated,  or  any 
district  having  two  hundred  or  more  children  of  school  age  by  the  last 
enumeration,  may  be  organized  into  a  town  or  city  school  district,  and, 
when  so  organized,  shall  be  a  body  corporate,  and  known  as  the  school 


Revised  School  Lairs.  7.1 

district  of  -  — ,  and  in  that  name  may  sue  and  be  sued  and  possess 
the  same  corporate  powers  and  be  governed  the  same  as  other  school 
districts  except  as  herein  provided ;  and  every  extension  that  has  hereto- 
fore been  made,  or  that  hereafter  may  be  made,  of  the  limits  of  any  city, 
town  or  village  that  is  now  or  may  be  hereafter  organized  under  the  laws 
of  this  state,  shall  have  the  effect  to  extend  the  limits  of  such  town  or 
city  school  district  to  the  same  extent,  and  such  extension  of  the  limits  of 
any  city  or  town  school  district  shall  take  effect  on  the  first  day  of  July 
next  following  the  extension  of  the  limits  of  such  city,  town  or  village : 
Provided,  that  any  incorporated  city,  town  or  village,  the  plat  of  which 
has  been  previously  filed  in  the  recorder's  office  of  the  county  in  which 
the  same  is  situated,  and  which  is  divided  by  a  school  district  boundary 
line,  so  that  said  incorporated  city,  town  or  village  lies  partly  in  one 
school  district  and  partly  in  another,  shall  have  the  right  to  organize  as  a 
separate  town  or  city  school  district  in  the  manner  provided  in  this  section 
for  the  organization  of  common  school  districts  as  town  or  city  school  dis- 
tricts. The  meeting  for  such  organization  shall  be  called  by  posting 
notices,  setting  forth  the  time,  place  and  purpose  of  said  meeting  in  at 
least  five  public  places  in  said  city,  town  or  village,  at  least  fifteen  days 
prior  to  the  date  of  said  meeting.  Said  notices  shall  be  signed  by  at 
least  ten  freeholders,  residents  of  the  city,  town  or  village  to  be  organized 
as  a  school  district.  Such  town  or  city  school  district  shall,  at  the  time 
of  organization,  include  only  the  territory  in  the  corporate  limits  of  the 
city,  town  or  village  organizing  as  a  school  district  and  such  territory 
outside  the  corporate  limits  as  may,  by  the  creation  of  the  new  district, 
be  cut  off  from  the  district  or  districts  to  which  it  originally  belonged. 
(R.  S.  1899,  §  9860,  amended,  L.  1909,  p.  770.) 

Unorganized  territory  cannot  be  organized  into  a  town  or  city  school  district 
without  first  being  formed  into  a  common  school  district.  School  District  v.  Wallace, 
75  A.  317.  The  provisions  of  this  section  do  not  apply  to  cities  of  50,000  to  300,000 
inhabitants  which  are  already  organized  as  school  districts.  School  District  v.  Dis- 
trict, 184  Mo.  140.  The  president  of  the  school  board  is  the  proper  person  to  serve 
with  process  in  suits  against  school  districts.  Carr  v.  District,  42  A.  154. 

Note — Under  this  section,  as  amended  in  1909,  any  incorporated  city,  town  or 
village,  the  plat  of  which  has  been  filed  in  the  recorder's  office,  and  which  lies  partly 
in  two  or  more  school  districts,  may  organize  as  a  sepa-rate  school  district. 

Under  this  section  rural  school  districts  may  be  united  into  one  .district,  as  pro- 
vided in  section  10837,  and  when  the  new  district  has  two  hundred  or  more  children  of 
school  age,  it  can  organize  under  this  article.  This  is  another  way  of  providing  for 
rural  high  schools. 

This  section  is  constitutional.  .45  Mo.  458.  The  whole  subdistrict  need  not  be  in- 
cluded. 50  Mo.  268.  Territory  outside  of  corporate  limits  may  be  taken  in  and  attached 
for  school  purposes.  53  Mo.  127;  60  Mo.  540  ;  64  Mo.  53;  65  Mo.  587;  93  Mo.  655;  99 
Mo.  332.  School  district  has  power  to  change  and  extend  its  limits,  although  town  is  not 
incorporated.  56  Mo.  231 ;  68  A.  397.  Each  organized  school  district  is  a  body  corporate 
and  its  territorial  form  can  be  changed  only  in  manner  pointed  out  by  statute.  120 
Mo.  67.  Special  school  district  has  power  to  condemn  land  for  schoolhouse  site.  125  Mo. 
439.  Suit  against  school  district  process,  on  whom  served.  42  A.  154. 

Sec.  10865.  Town  or  city  school  districts,  how  organized.— When- 
ever it  may  be  desired  to  organize  a  common  school  district  or  consoli- 
dated school  district  into  a  town  or  city  school  district,  with  special 
privileges  granted  under  this  article,  the  board  of  directors  shall,  upon 


72  Revised  School  Laws. 

the  reception  of  a  petition  to  that  effect,  and  signed  by  ten  qualified 
voters  who  are  resident  taxpayers  of  the  district,  submit  the  proposi- 
tion at  an  annual  or  special  meeting',  giving  notice  of  such  meeting  as 
provided  by  section  10844.  The  order  of  business  at  such  meeting  shall 
be  as  follows: 

First — To  organize  as  a  town  or  city  school  district,  those  voting 
for  the  organization  shall  have  written  or  printed  on  their  ballots  ' '  For 
organization,"  and  those  voting  against  the  organization  shall  have 
written  or  printed  on  their  ballots  "Against  organization;"  and  each 
person  desiring  to  vote  shall  advance  to  the  front  of  the  chairman  and 
deposit  his  ballot  in  a  box  to  be  used  for  that  purpose.  "When  all  present 
shall  have  voted  the  chairman  shall  appoint  two  tellers,  who  shall  call 
each  ballot  aloud,  and  the  secretary  shall  keep  a  tally  and  report  to  the 
chairman,  who  shall  announce  the  result;  and  if  a  majority  of  the  votes 
cast  are  "For  organization,"  the  chairman  shall  call  the  next  order  of 
business. 

Second — To  elect  six  directors,  as  follows:  Two  shall  be  elected 
for  three  years,  two  for  two  years  and  two  for  one  year,  and  each  di- 
rector shall  be  elected  separately  and  the  result  announced  in  the  manner 
prescribed  for  organization.  If  said  election  is  held  at  a  special  meeting, 
from  then  until  the  next  annual  meeting  shall  be  taken  as  one  year,  so 
far  as  relates  to  the  terms  of  the  directors  elected.  The  directors  chosen 
must  comply  with  the  requirements  of  section  10868. 

The  chairman  and  secretary  of  such  meeting  shall  keep  a  record 
of  the  proceedings  thereof  and  turn  the  same  over  to  the  board  of  educa- 
tion of  such  district,  to  be  entered  upon  its  records  by  the  clerk  of  such 
district.  (R.  S.  1899,  §  9861,  amended,  L.  1909,  p.  770.) 

When  a  proper  petition  is  presented  to  directors,  as  provided  in  this  section,  and 
they  have  ordered  an  election  and  caused  the  notices  thereof  to  be  posted,  they  can- 
not prevent  such  election  by  taking  down  the  notices  and  causing  other  notices  to  be 
posted  announcing  the  withdrawal  of  such  election.  Under  this  section  any  common 
school  district  or  consolidated  district  may  organize  as  a  town  or  city  district,  whether 
or  not  it  contain  a  village,  town  or  city  with  a  plat  filed  in  the  recorder's  office.  State 
ex  rel.  v.  Gill,  190  Mo.  79. 

See  cases  cited  under  section  10864. 

Construing  10864  and  10865,  the  Supreme  Court  said:  "Thus  we  have  two  separate 
and  distinct  organizations  provided  for — the  result  the  same  in  each — a-  single  school 
district  governed  by  the  provisions  of  article  IV.  To  the  first  is  essential  a  village,  and 
a  recorded  plat  thereof ;  that  the  territory  to  be  organized  may  be  defined.  To  the 
second,  only  an  organized  common  school  district,  where  territory  is  already  defined, 
and  which  needs  no  plat  for  that  purpose."  190  Mo.  79. 

By  "territory  attached  thereto"  is  unquestionably  meant  such  territory  as  may 
belong  to  the  school  district  lying  outside  of  the  corporate  limits  of  the  city  or  town. 
Under  a  prior  statute,  the  Supreme  Court  held  that  in  the  formation  of  a  district  under 
this  act,  territory  belonging  to  adjacent  districts  could  be  attached  without  the  con- 
sent of  such  districts.  The  present  statute  does  not  admit  of  the  dismemberment  of 
districts  in  this  manner.  If  it  is  considered  desirable  to  include  in  the  organization 
territory  belonging  to  adjoining  districts,  the  boundary  lines  must  either  be  changed 
in  the  manner  provided  in  section  10837  before  organizing,  or  in  the  manner  provided 
in  section  10880,  after  completing  the  organization.  The  best  way  to  secure  good  graded 
rural  schools  and  high  schools  within  reach  of  the  homes  of  rural  boys  and  girls  is  to 
organize  a  town  or  village  district  under  this  article  and  so  extend  its  boundary  lines 
as  to  include  all  districts  and  territory  within  five  or  six  miles  of  the  village.  The  dis- 


Revised  School  Laws.  73 

trict  could  maintain"  elementary  schools  sufficient  to  put  every  child  under  fourteen 
within  two  miles  of  a  good  elementary  school  and  one  school  of  higher  grade  for  all 
older  and  more  advanced  within  five  miles.  The  little  independent  school  district  with 
less  than  twenty  children  is  too  expensive.  Consolidate,  harmonize,  organize  and 
economize.  The  law  furnishes  the  opportunity. 

Territory  embraced  in  a  school  subdistrict  outside  of  and  adjoining  an  incor- 
porated town  may  be  organized  at  the  same  time  with  that  part  within  the  corporate 
limits.  64  Mo.  53  ;  GO  Mo.  540  ;  65  Mo.  587.  A  school  district  is  a  quasi  corporation,  and 
the  powers  of  the  corporators  and  directors  are  prescribed  and  limited  by  statute. 
25  A.  85.  The  territorial  form  of  a  school  district  can  be  changed  only  in  the  manner 
pointed  out  by  the  statutes.  120  Mo.  67. 

Sec.  10866.  Board  of  education,  tenure  of  members  of — vacancies 
in,  how  filled. — The  government  and  control  of  such  town  or  city 
school  district  shall  be  vested  in  a  board  of  education  of  six  members, 
who  shall  hold  their  office  for  three  years  and  until  their  successors 
are  duly  elected  and  qualified,  and  any  vacancy  occurring  in  said  board 
shall  be  filled  in  the  same  manner  and  with  like  effect  as  vacancies,  oc- 
curring in  boards  of  other  school  districts  are  required  to  be  filled,  and 
the  person  appointed  shall  hold  office  till  the  next  annual  meeting,  when 
a  director  shall  be  elected  for  the  unexpired  term.  (R.  S.  1899,  §  9862, 
amended,  L.  1909,  p.  770.) 

The  establishment  and  management  of  public  schools  of  a  town  school  district 
ir<  vested  in  the  board  of  directors,  and  their  discretionary  powers  cannot  be  controlled 
by  mandamus.  State  ex  rel.  v.  Jones,  155  Mo.  570. 

Sec.  10867.  Election  of  directors.— The  qualified  voters  of  the  dis- 
trict shall,  annually,  on  the  first  Tuesday  of  April,  elect  two  directors, 
who  are  citizens  of  the  United  States,  resident  taxpayers  and  qualified 
voters  of  the  district,  and  who  shall  have  paid  a  state  and  county  tax 
within  one  year  next  preceding  their  election  or  appointment,  who  shall 
hold  their  office  for  three  years  and  until  their  successors  are  duly  elected 
and  qualified;  and  all  vacancies  in  the  board  shall  be  filled  for  the  un- 
expired term.  (R.  S.  1899,  §  9863,  re-enacted,  L.  1909,  p.  770.) 

A  woman  is  not  eligible  to  the  office  of  school  director.  State  ex  rel.  v.  Mc- 
Spaden,  137  Mo.  628. 

Sec.  10868.  Organization  of  board— duties  of  officers,— Within 
four  days  after  the  annual  meeting  the  board  shall  meet,  the  newly 
elected  members  be  qualified,  and  the  board  organized  by  the  election 
of  a  president  and  vice-president,  and  the  board  shall,  on  or  before  the 
fifteenth  day  of  July  of  each  year,  elect  a  secretary  and  a  treasurer, 
who  shall  enter  upon  their  respective  duties  on  the  fifteenth  day  of 
July;  said  secretary  and  treasurer  may  be  or  may  not  be  members  of 
the  board.  No  compensation  shall  be  granted  to  either  the  secretary 
or  the  treasurer  until  his  report  and  settlement  shall  have  been  made 
and  filed  or  published  as  the  law  directs.  A  majority  of  the  board  shall 
constitute  a  quorum  for  the  transaction  of  business,  but  no  contract 
shall  be  let.  teacher  employed,  bill  approved  or  warrant  ordered  unless  a 
majority  of  the  whole  board  shall  vote  therefor.  The  president  and  sec- 
retary, except  as  herein  specified,  shall  perform  the  same  duties  and  be 
subject  to  the  same  liabilities  as  the  presidents  and  clerks  of  the  school 
hoards  of  other  districts.  (R.  S.  1899,  §  9864,  re-enacted,  L.  1909,  p. 
770.) 


74  Revised  School  Laws. 

The  treasurer  of  a  school  district  is  a  public  officer,  and  a  suit  on  his  official  bond 
is  barred  under  section  1890,  at  the  end  of  three  years  after  the  breach  of  said  bond. 
State  ex  rel.  v.  Harter,  188  Mo.  516.  A  party  who  is  elected  treasurer  of  school  district 
before  July  15th  cannot  legally  enter  into  the  office  until  that  date,  but  where  he  is 
elected  and  before  July  15th  gives  his  receipt  for  funds  of  district,  receives  pass  book 
from  bank  showing  such  funds  to  his  credit,  he  is  estopped  when  sued  for  on  his  bond 
from  denying  that  he  held  such  funds  as  treasurer,  and  that  the  district  was  duly 
incorporated.  State  ex  rel.  v.  Dorton,  145  Mo.  305.  The  directors  cannot  issue  warrants 
except  when  assembled  as  a  board.  Kane  v.  Calhoun,  48  A.  408.  .The  insertion  of  the 
number  of  township  and  range  in  the  bond  of  the  treasurer  of  town  or  city  school  dis- 
trict is  surplusage,  and  does  not  invalidate  such  bond.  State  ex  rel.  v.  Delaney,  122 
A.  239. 

Proceedings  of  board  of  school  directors  must  be  shown  by  their  record.  48 
A.  408;  54  A.  202. 

Sec.  10869.  Primary  and  high  schools  to  be  established  and  sites 
located. — When  the  demands  of  the  district  require  more  than  one  pub- 
lic school  building  therein,  the  board  shall,  as  soon  as  sufficient  funds 
haVe  been  provided  therefor,  established"  an  adequate  number  of  primary 
or  ward  schools,  corresponding  in  grade  to  those  of  other  public  school 
districts,  and  for  this  purpose  the  board  shall  divide  the  school  district 
into  school  wards  and  fix  the  boundaries  thereof,  and  the  board  shall 
select  and  procure  a  site  in  each  newly  formed  ward,  and  erect  a  suitable 
school  building  thereon  and  furnish  the  same ;  and  the  board  may  also 
establish  schools  of  a  higher  grade,  in  which  studies  not  enumerated  in 
section  10941  may  be  pursued  •  and  whenever  there  is  within  the  district 
any  school  property  that  is  no  longer  required  for  the  use  of  the  dis- 
trict, the  board  is  hereby  authorized  to  advertise,  sell  and  convey  the 
same,  and  the  proceeds  derived  therefrom  shall  be  placed  to  the  credit 
of  the  building  fund  of  such  district.  (R.  S.  1899,  §  9865,  re-enacted,  L. 
1909,  p.  770.) 

Taxpayers  cannot  enjoin  collection  of  school  taxes  because  directors  failed  to 
establish  and  maintain  ward  schools  as  the  law  requires,  nor  can  they  in  such  suit 
attack  the  corporate  existence  of  the  district.  Burnham  v.  Rogers,  167  Mo.  17  ;  Black 
v.  Early,  208  Mo.  281. 

Note — Under  this  section,  as  amended  in  1899,  town  and  city  school  districts  may 
establish  more  than  one  high  school. 

See  cases  cited  under  section  10866. 

Directors  have  no  power  to  change  site  of  schoolhouse  or  erect  new  school- 
house  on  new  site  without  the  sanction  of  the  voters  of  the  district.  25  A.  85. 

The  purpose  of  the  public  school  laws  is  twofold,  to  wit :  To  establish  primary 
grade  schools  sufficient  to  meet  the  demands  of  all  children  of  the  district  of  that 
class,  and,  second,  after  these  primary  demands  have  been  met  and  satisfied,  to 
establish  higher  grade  schools  within  the  limits  of  the  school  fund  provided  and 
available.  155  Mo.  571. 

Sec.  10870.  Town,  city  or  consolidated  school  districts — how  dis- 
organized.— Any  town,  city  or  consolidated  school  district  heretofore 
organized  under  the  laws  of  this  state,  or  which  may  be  hereafter 
organized,  shall  be  privileged  to  disorganize  or  abolish  such  organization 
by  a  vote  of  the  resident  voters  and  taxpayers  of  such  school  district,  first 
giving  fifteen  days'  notice,  which  notice  shall  be  signed  by  at  least  ten 
qualified  resident  voters  and  taxpayers  of  such  town,  city  or  consolidated 
school  district;  and  there  shall  be  five  notices  put  up  in  five  public  places 
in  said  school  district.  Such  notices  shall  recite  therein  that  there  will  be 


Revised  School'  Laws.  75 

a  public  meeting  of  the  resident  voters  and  taxpayers  of  said  school  dis- 
trict at  the  schoolhouse  in  said  school  district,  and  at  said  meeting,  if 
two-thirds  of  the  resident  voters  and  taxpayers  of  such  school  district- 
shall  vote  to  dissolve  any  such  town,  city  or  consolidated  school  district, 
then  from  and  after  that  date  the  said  town,  city  or  consolidated  school 
district  shall  be  dissolved,  and  the  same  territory  included  in  said  school 
district  may  be  organized  into  a  common  school  district  under  article 
III  of  this  chapter.  (Laws  1901,  p.  246,  amended,  L.  1909,  p.  770.) 

A  town  or  city  school  district  lying  partly  in  two  counties  cannot  be  dissolved  or 
divided  under  the  provisions  of  section  10842.     State  ex  rel.  v.  Fry,  186  Mo.  198. 

Sec.  10871.     Duties,  restrictions  and  liabilities  of  boards.— The 

board  of  education  of  any  town,  city  or  consolidated  school  district 
shall,  except  as  herein  provided,  perform  the  same  duties  and  be  sub- 
ject to  the  same  restrictions  and  liabilities  as  the  boards  of  other  school 
districts  acting  under  the  general  school  laws  of  the  state:  Provided, 
however,  that  in  cities,  as  hereinafter  specified,  the  board  of  education 
shall  have  power  to  establish  and  maintain  a  library  for  the  use  of  the 
public  school  district  therein,  and  to  appropriate  such  sums  as  they  may 
deem  proper  for  the  support  thereof,  not  to  exceed  in  any  one  year  two 
thousand  five  hundred  dollars  for  cities  of  twenty  thousand  and  under 
one  hundred  thousand  inhabitants,  and  not  to  exceed  five  hundred  dollars 
for  cities  of  five  thousand  and  under  twenty  thousand  inhabitants,  and 
not  to  exceed  two  hundred  and  fifty  dollars  for  cities  of  one  thousand  and 
under  five  thousand  inhabitants — the  population  to  be  determined  by  the 
last  United  States  or  municipal  census.  (R.  S.  1899,  §  9866,  re-enacted, 
L.  1909,  p.  770.) 

Sec.  10872.  Corporate  seal — school  term. — The  board  shall  keep 
a  common  seal  with  which  to  attest  its  official  acts.  The  board  shall 
have  power  and  they  are  required  to  continue  the  public  schools  in  their 
respective  districts  for  a  period  of  not  less  than  eight  nor  more  than 
ten  months,  excepting  in  schools  in  which  the  board  of  directors  desires 
to  extend  such  term  for  the  purpose  of  physical  training,  under  an 
instructor,  for  which  purpose  such  term  may  be  extended  to  not  more 
than  eleven  months,  when  the  effects  of  such  continuance  will  not  in- 
crease the  total  estimate  for  school  purposes  to  an  amount  exceeding 
forty  cents  on  the  hundred  dollars'  assessed  valuation  of  the  taxable 
property  of  the  district,  unless  duly  ordered  in  compliance  with  the  pro- 
visions of  section  10796,  fifteen  days'  notice  having  been  given  that  such 
increase  would  be  voted  upon.  (R.  S.  1899,  §  9867,  amended,  L.  1909, 
p.  770.) 

Sec.  10873.  Bond  of  treasurer. — The  treasurer,  before  entering 
upon  the  discharge  of  his  duties  as  such,  shall  enter  into  a  bond  to  the 
state  of  Missouri,  with  two  or  more  sureties,  to  be  approved  by  the  board, 
conditioned  that  he  will  render  a  faithful  and  just  account  of  all  money 
that  may  come  into  his  hands  as  such  treasurer,  and  otherwise  perform 
the  duties  of  his  office  according  to  law — said  bond  to  be  filed  with  the 
secretary  of  the  board;  and  thereafter  said  treasurer  shall  be  the  custo- 
dian of  all  school  moneys  derived  from  taxation  for  school  purposes  in 
said  district  until  paid  out  on  the  order  of  the  board,  and  on  breach  of  the 


76  Revised  School  Laws. 

conditions  of  said  bond,  the  secretary  of  such  board,  or  any  freeholder, 
may  cause  suit  to  be  brought  thereon,  which  suit  shall  be  prosecuted  in 
the  name  of  the  state  of  Missouri,  at  the  relation  and  to  the  use  of  the 
proper  school  district.  (R.  S.  1899,  §  9868,  re-enacted,  L.  1909,  p.  770.) 

Suits  on  treasurer's  official  bond  are  barred  in  three  years  under  the  provisions  of 
section  4525.  State  ex  rel.  v.  Harter,  188  Mo.  516. 

Sureties  on  treasurer's  bond  remain  liable  so  long  as  he  continues  to  hold  the 
office,  though  that  be  beyond  the  period  for  which  he  is  elected.  72  Mo.  648;  48  A.  408. 

Sec.  10874.  Liability  of  treasurer  for  sinking  fund  and  interest- 
compensation. — The  treasurer  of  the  board  shall  be  the  custodian  of 
all  moneys  collected  for  liquidating  any  bonded  indebtedness  and  in- 
terest on  the  same,  and  shall  be  responsible  on  his  official  bond  for  the 
safekeeping  and  proper  appliance  of  such  sinking  fund  and  interest  as 
may  be  by  him  received,  and  also  for  any  loss  incurred  or  damage  re- 
sulting from  his  failure  to  burn  any  and  all  redeemed  bonds;  as  required 
in  section  10781 ;  he  shall  promptly  pay  the  interest  on  bonds  when  due, 
and  pay  off,  cancel  and  burn  the  bonds  as  rapidly  as  possible;  and  he 
shall  receive  as  full  compensation  for  his  services  under  this  section  not 
to  exceed  one  per  cent,  on  amount  by  him  paid  out  in  the  redemption  of 
bonds  and  payment  of  interest  on  same.  (R.  S.  1899,  §  9869,  amended, 
L.  1909,  p.  770.) 

See  cases  cited  under  section   10873. 

Sec.  10875.  District  moneys  to  be  paid  to  treasurer. — Whenever 
any  state  or  county  school  money  apportioned  to  any  town,  city  or  con- 
solidated school  district  shall  have  been  paid  to  any  county  or  township 
treasurer,  as  now  provided  by  law,  the  same  shall,  on  the  application  of 
the  treasurer  of  said  town,  city  or  consolidated  school  district,  be  paid 
over  to  him  by  said  county  or  township  treasurer,  and  the  receipt  of  any 
such  school  district  treasurer  for  said  money  shall  be  a  lawful  voucher  for 
the  disposition  of  said  money  by  said  county  or  township  treasurer, 
and  be  accepted  as  such  by  the  county  court  or  other  body  or  person 
having  authority  by  law  to  make  settlements  with  said  county  or  town- 
ship treasurer.  (R.  S.  1899,  §  9870,  amended,  L.  1909,  p.  770.) 

Sec.  10876.  Settlement  of  treasurer.— The  treasurer  of  the  board 
of  education  of  any  town,  city  or  consolidated  school  district  shall,  an- 
nually, between  the  first  and  fifteenth  of  July,  settle  with  the  board 
of  education,  and  account  to  said  board  for  all  school  moneys  or  funds 
received,  from  whom  and  on  what  account,  and  the  amount  paid  out  for 
school  purposes  in  such  town,  city  or  consolidated  school  district,  which 
settlement,  if  found  correct  by  said  board  of  education,  shall  be  approved 
by  said  board;  and  when  the  said  settlement  is  thus  approved,  it  is 
hereby  made  the  duty  of  said  treasurer  to  present  his  settlement  to  the 
clerk  of  the  county  court  of  said  county,  and  the  said  clerk  shall  make  a 
careful  examination  of  the  said  settlement,  and,  if  found  correct,  he  shall 
certify  the  same,  which  certificate  shall  be  prima  facie  a  discharge  of 
such  liability  of  the  treasurer  for  the  funds  expressed  in  the  vouchers ;  and 
at  the  expiration  of  his  term  of  office  said  treasurer  shall  deliver  over  to 
his  successor  in  office  all  books  and  papers,  with  all  moneys  or  other 
property  in  his  hands,  and  also  all  orders  he  may  have  redeemed  since 


Revised  Scliool  Lawn.  77 

his  last  animal  settlement  with  the  board  of  education  and  with  the 
county  clerk,  and  take  the  duplicate  receipts  of  his  successor  therefor, 
one  of  which  he  shall  deposit  with  the  secretary  of  said  board  of  educa- 
tion and  the  other  with  the  clerk  of  said  county  court.  (R.  S.  1899,  § 
9871,  amended,  L.  1909,  p.  770.) 

See  cases  cited   under  section   10873. 

Sec.  10877.  Duties  of  county  clerk— how  paid.— The  clerk  of  the 
county  court  of  such  county  shall  perform  the  same  duties  under  this 
law,  not  herein  specified,  as  shall  be  required  by  law  to  perform  in 
relation  to  the  state  and  county  taxes  in  said  county,  and  shall  receive 
like  compensation  therefor,  the  same  to  be  paid  by  the  county  treasurer 
upon  warrant  issued  by  the  county  court.  (R.  S.  1899,  §  9872,  re- 
enacted,  L.  1909,  p.  770.) 

Sec.  10878.  Duties  of  collectors. — The  county  or  township  col- 
lector shall  pay  over  to  the  treasurer  of  said  board  of  education  all 
moneys  received  and  collected  by  him  to  which  said  board  is  entitled 
at  least  once  in  every  month ;  and  upon  such  payment  he  shall  take 
duplicate  receipts  from  said  treasurer,  one  of  which  he  shall  file  with 
the  secretary  of  said  board  of  education,  and  the  other  shall  be  filed  in 
his  settlement  with  the  county  court.  (R.  S.  1899,  §  9873,  re-enacted, 
L.  1909,  p.  770.) 

Sec.  10879.  Regulations  governing  elections  at  annual  meetings. 
The  qualified  voters  of  such  town,  city  or  consolidated  school  district 
shall  vote  by  ballot  upon  all  questions  provided  by  law  for  submission 
at  the  annual  school  meetings,  and  such  election  shall  be  held  on  the 
first  Tuesday  in  April  of  each  year,  and  at  such  convenient  place  within 
the  district  as  the  board  may  designate,  beginning  at  7  o'clock  a.  m. 
and  closing  at  6  o'clock  p.  m.  of  said  day.  The  board  shall  appoint  three 
judges  of  election,  and  said  judges  shall  appoint  two  clerks;  said  judges 
and  clerks  shall  be  sworn  and  the  election  otherwise  conducted  in  the 
same  manner  as  the  elections  for  state  and  county  officers,  and  the  result 
thereof  certified  by  the- judges  and  clerks  to  the  secretary  of  the  board 
of  education,  who  shall  record  the  same,  and,  by  order  of  said  board,  shall 
issue  certificates  of  election  to  the  persons  entitled  thereto ;  and  the  re- 
sults of  all  other  propositions  submitted  must -be  reported  to  the  secre- 
tary of  the  board,  and  by  him  duly  entered  upon  the  district  records.  All 
propositions  submitted  at  said  annual  meeting  may  be  voted  for  upon  one 
and  the  same  ballot,  and  necessary  poll  books  shall  be  made  out  and 
furnished  by  the  secretary  of  the  board:  Provided,  that  in  all  cities 
and  towns  having  a  population  exceeding  two  thousand  and  not  exceed- 
ing one  hundred  thousand  inhabitants,  said  elections  shall  be  held  at  the 
same  time  and  places  as  the  election  for  municipal  officers,  and  the  judges 
and  clerks  of  such  municipal  election  shall  act  as  judges  and  clerks  of 
said  school  election,  but  the  ballots  for  said  school  election  shall  be  upon 
separate  pieces  of  paper  and  deposited  in  a  separate  ballot  box  kept  for 
that  purpose.  Should  such  school  district  embrace  territory  not  included 
in  the  limits  of  such  city  or  town,  the  qualified  voters  thereof  may  vote 
at  such  voting  precinct  as  they  would  be  attached  to,  provided  the  ward 
lines  thereof  were  extended  and  produced  through  such  adjoining  terri- 


78  Revised  School  Laws. 

tory.  All  school  districts  in  cities,  towns  and  villages  in  this  state  which 
are  now  or  which  may  hereafter  be  under  special  charter  shall  hereafter 
hold  their  annual  school  elections  on  the  first  Tuesday  in  April,  and  the 
members  of  the  boards  of  education  now  serving  in  such  districts  shall 
continue  to  serve  until  the  first  Tuesday  in  April  next  following  the 
expiration  of  the  terms  for  which  they  were  elected  or  appointed,  and 
until  their  successors  are  elected  and  qualified.  (R.  S.  1899,  §  9874, 
amended,  L.  1909,  p.  770.) 

Sec,  10880.  Annexation  to  town  and  city  districts. — Whenever  an 
entire  school  district,  or  a  part  of  a  district  adjoining  any  city,  town  or 
village  school  district,  desires  to  be  attached  thereto  for  school  purposes, 
upon  the  reception  of  a  petition  setting  forth  such  fact  and  signed  by  ten 
qualified  voters  of  such  district,  the  board  of  directors  thereof  shall  order 
a  special  meeting  for  said  purpose  by  giving  notice  as  required  by  section 
10844.  Should  a  majority  of  the  votes  cast  favor  such  annexation,  the 
secretary  shall  certify  the  fact,  with  a  copy  of  the  record,  to  the  board 
of  said  district  and  to  the  board  of  said  city,  town  or  village  school  dis- 
trict; whereupon  the  board  of  such  city,  town  or  village  district  shall 
meet  to  consider  the  advisability  of  receiving  such  territory,  and  should 
a  majority  of  all  the  members  of  said  board  favor  such  annexation,  the 
boundary  lines  of  such  city  or  town  school  district  shall  from  that  date 
be  changed  so  as  to  include  said  territory,  and  said  board  shall  im- 
mediately notify  the  clerk  of  said  district  which  has  been  annexed,  in 
whole  or  in  part,  of  its  action.  In  case  an  entire  district  is  thus  annexed, 
all  property  and  money  on  hand  thereto  belonging  shall  immediately 
pass  into  the  possession  of  the  board  of  said  city  or  town  school  district ; 
but  should  only  a  part  of  a  district  be  annexed  thereto,  said  part  shall 
relinquish  all  claim  and  title  to  any  part  of  the  school  property  and 
mloney  on  hand  belonging  to  said  original  district,  and  that  portion  of  the 
district  remaining  must  contain  within  its  limits  thirty  children  and 
thirty  thousand  dollars  assessed  valuation,  or  thirty  children  and  nine 
square  miles  of  territory.  The  voting  at  said  special  school  meeting 
shall  be  by  ballot,  as  provided  for  in  section  10865,  and  the  ballots  shall 
be  ' '  for  annexation ' '  and  ' '  against  annexation, ' '  when  the  whole  district 
is  to  be  annexed,  but  if  only  a  part  is  to  be  annexed,  the  ballots  shall  read 
"for  release"  and  "against  release."  (R.  S.  1899,  §  9875,  amended,  L. 
1909,  p.  770.) 

This  section  does  not  apply  to  cities  having  50,000  and  less  than  300,000  in- 
habitants. School  District  v.  District,  184  Mo.  140.  This  section  is  constitutional. 
Sharp  v.  Miller,  65  Mo.  50.  Before  a  vote  can  be  taken  to  annex  all  or  part  of  a 
common  school  district  to  a  town  or  city  district,  the  directors  of  such  common  school 
district  must  meet  and  order  such  election,  and  unless  the  clerk's  record  shows  such 
election  was  so  ordered  the  annexation  is  void.  State  ex  rel.  v.  Lockett,  54  A.  202. 

Board  of  special  school  district,  power  to  extend  limits.  65  Mo.  50.  How  right 
of  annexation  may  be  exercised.  68  A.  397. 

Sec.  10881.    Change  of  boundary  lines  and  division  of  property* — 

All  the  provisions  of  section  10837,  relating  to  the  changes  of  boundary 
lines  of  common  school  districts,  and  all  the  provisions  of  section  10839 
and  10840,  relating  to  the  division  of  property  between  common  school 
districts,  shall  apply  to  town,  city  and  consolidated  districts.  (Laws 
1907,  p.  426,  amended,  L.  1909,  p.  770.) 


Revised  School  Laws.  79 

Sec.  10882.  Annexation  to  school  district  when  corporate  limits 
are  extended. — Whenever,  by  reason  of  the  limits  of  any  city,  town  or 
village  being  extended,  a  portion  of  the  territory  of  any  school  district 
adjacent  thereto  has  been  incorporated  in  the  town  or  city  school  dis- 
tricts, the  inhabitants  of  such  remaining  parts  of  districts  shall  have  the 
right  to  be  annexed  to  such  town  or  city  school  district :  Provided,  that 
when  such  part  of  a  school  district  desires  to  be  so  annexed,  an  election 
shall  be  held  at  a  special  meeting,  as  provided  in  section  10880,  and  should 
a  majority  of  the  votes  cast  favor  annexation,  the  secretary  shall  certify 
the  fact,  with  a  copy  of. the  record,  to  the  board  of  said  district,  and  to 
the  board  of  said  town  or  city  school  district;  whereupon  the  board  of 
such  town  or  city  school  district  shall  meet  and  confirm  such  annexation 
by  a  proper  resolution  of  record ;  and  provided,  that  when  such  part  of  a 
school  district  has  no  organization,  any  ten  qualified  voters  may  call  a 
meeting  of  the  district  and  proceed  as  provided  in  the  foregoing  section ; 
and  the  secretary  of  such  meeting  shall  certify,  if  the  majority  vote  for 
annexation,  to  the  board  of  directors  of  the  town  or  city  school  district, 
and  the  same  action  shall  be  taken  as  provided  above.  The  remaining 
portion  of  such  district  shall  be  entitled  to  be  attached  to  said  town  or 
city  school  district :  Provided,  that  the  school  population  of  said  adjoin- 
ing district  has  been  reduced  to  a  smaller  number  than  that  required  by 
law,  or  the  territory  has  been  reduced  to  less  than  nine  square  miles; 
and  whenever  such  adjoining  fractional  district  shall  desire  to  be  so 
annexed,  a  petition  or  memorial  shall  be  presented  to  the  town  or  city 
school  district,  informing  the  board  of  directors  of  the  same  of  their 
desire  to  be  annexed,  and  giving  the  boundary  of  the  fractional  district 
desired  to  be  annexed,  the  number  of  inhabitants  in  the  same,  and  the 
number  of  children  of  school  age;  whereupon  the  board  of  education 
of  such  town  or  city  school  district  shall  take  such  action  for  the  incor- 
poration of  such  adjoining  territory  as  is  required  to  be  taken  when 
territory  has  been  annexed,  as  provided  in  section  10880:  Provided, 
however,  that  where  a  portion  of  one  or  more  school  districts  adjacent 
to  such  town  or  city  school  district,  and  adjacent  to  each  other,  have  been, 
by  reason  of  the  extension  of  the  limits  of  such  city,  deprived  of  the  neces- 
sary school  population  or  territory  to  enable  them  to  maintain  their 
school  district  organization,  they  shall  have  a  right  to  elect,  first,  to 
become  a  part  of  said  town  or  city  school  district ;  or,  second,  to  continue 
as  a  separate  school  district;  and  for  the  purpose  of  such  election,  the 
qualified  voters  of  such  districts  shall  call  a  special  meeting  and  pro- 
ceed to  vote  on  such  proposition,  as  provided  in  section  10880;  and 
provided,  if  the  said  fractional  part  of  a  district  has  no  board  of  direct- 
ors remaining,  a  majority  of  the  qualified  voters  of  said  fraction  of  a 
district  may  call  such  special  meeting,  and  if  a  majority  of  the  qualified 
voters  present  and  voting  at  said  meeting  vote  favorable  to  either  of  said 
propositions,  a  certified  copy  of  the  proceedings  of  such  meeting  shall  be 
delivered  to  the  board  of  directors  of  the  school  district  to  which  they 
vote  to  be  attached,  and  such  board  of  directors  shall  take  such  steps 
as  necessary  and  lawful  to  perfect  the  annexation  as  decided  by  said 
election.  (R.  S.  1899,  §  9876,  amended,  L.  1909,  p.  770.) 


80  Revised  School  Laws. 

This  section  has  no  application  to  school  district  containing  a  city  of  50,000  to 
300,000  inhabitants.  School  District  v.  District,  184  Mo.  140. 

This  act  of  April  11,  1895,  is  applicable  to  the  extension  of  the  city  limits  made 
prior  to  said  date,  and  a  portion  of  a  school  district  lying  adjacent  to  such  city  dis- 
trict ipso  facto  became  a  part  of  the  city  district '  the  act  is  not  retrospective  in  the 
constitutional  sense,  and  the  remaining  portion  of  the  adjoining  district  not  so  an- 
nexed by  said  act  is  entitled  to  be  annexed. 

The  right  of  annexation  may  be  exercised  as  follows: 

(1)  When  the  fractional  district  has  an  organization  and  the   territory  and  the 
school  population   required  by.  law. 

(2)  When   such   district   has  no   organization,    but   has   the   territory   and   school 
population  required  by  law. 

(3)  When   it  has   an   organization   and   school   population,   but   not   the   territory 
required   by    law. 

(4)  When    it    has    the    territory,    but    not    the    organization,    nor    the    population 
required  by  law.      68   A.   397. 

Sec,  10883.  Consolidated  districts — how  formed. — Three  or  more 
common  school  districts,  or  a  village  district  having  less  than  two  hun- 
dred children  of  school  age  by  last  enumeration,  together  with  two  or 
more  adjoining  districts,  may  be  consolidated  into  a  new  district  for  the 
purpose  of  maintaining  both  primary  schools  and  a  high  school  by 
proceedings  had  in  accordance  with  the  provisions  of  section  10837. 
When  such  new  district  is  formed  it  shall  be  known  as  "Consolidated 

district  No of    

county, ' '  and  shall  organize  at  a  special  meeting  within 

fifteen  days  after  the  formation  thereof;  such  organization  and  the  gov- 
ernment of  such  consolidated  district  shall  be  under  and  in  compliance 
with  the  laws  governing  town  and  city  school  districts  as  provided  in 
article  IV  of  this  chapter.  (Laws  1901,  p.  249,  amended,  L.  1909,  p. 
770.) 

Note — The  law  does  not  contemplate  that  consolidated  districts  be  numbered  in 
the  same  manner  provided  for  numbering  common  school  districts  in  section  10834,  but 
when  a  new  consolidated  district  is  formed  it  should  "not  be  given  the  same  name  or 
number  as  another  consolidated  district  already  in  existence. 

This  law  enables  three  or  more  school  districts,  one  of  which  may  be  a  village  dis- 
trict with  six  directors,  to  unite  and  form  a  new  district.  This  must  be  done  at  the 
annual  school  meeting  by  posting  notices  as  in  case  of  change  of  boundary  line.  The 
districts  vote  separately  on  the  question  of  consolidation.  If  all  districts  affected  vote 
"for  consolidation"  the  new  district  is  formed.  If  one  or  more  districts  vote  for  and 
one  or  more  vote  against,  the  matter  should  be  appealed  to  the  county  superintendent 
and  by  him  referred  to  a  board  of  arbitration.  The  new  district  will  be  under  the 
six-director  system,  and  may  maintain  a  high  school  and  as  many  lower  grade  schools 
as  the  board  of  directors  may  determine. 

The  first  meeting  of  the  newly  created  district  should  be  called  in  the  manner 
provided  for  in  section  10843,  and  when  assembled  the  organization  should  be  effected 
as  provided  for  in  section  10865. 

Sec.  10884.  Employment  of  members  of  board — publication  of 
financial  report. — No  member  of  any  public  school  board  of  any  city, 
town  or  village  in  this  state  having  less  than  twenty-five  thousand  in- 
habitants shall  hold  any  office  or  employment  of  profit  from  said  board 
while  a  member  thereof  except  the  secretary  and  treasurer,  who  may 
receive  reasonable  compensation  for  their  services :  Provided,  the  com- 
pensation of  the  secretary  shall  not  exceed  one  hundred  and  fifty  dol- 


Hrhool  Laws.  81  ' 

lars,  and  that  of  the  treasurer  shall  not  exceed  fifty  dollars  for  any  one 
year;  and  provided  further,  that  it  shall  be  the  duty  of  each  of  said 
boards,  and  of  the  boards  of  directors  in  other  school  districts  in  this 
state  having  graded  schools,  to  make  and  publish,  annually,  on  or  before 
the  15th  day  of  July  in  each  year,  in  some  newspaper  published  in  such 
school  district,  and  if  there  be  no  newspaper,  published  therein,  then  by 
written  statements  posted  in  five  public  places  in  such  districts,  a  detailed 
statement  of  all  receipts  of  school  moneys,  when  and  from  what  source 
derived,  and  of  all  expenditures,  and  on  what  account ;  also,  the  present 
indebtedness  of  the  district  and  its  nature,  and  the  rate  of  taxation  for 
all  school  purposes  for  the  year ;  which  said  statement,  so  required  to 
be  made  and  published,  shall  be  duly  attested  by  the  president  and  sec- 
retary of  the  board,  and  the  secretary  shall  forward  a  copy  of  said  re- 
port to  the  state  superintendent  of  public  schools  at  Jefferson  City. 
And  any  board  of  education  or  board  of  directors  who  shall  fail,  refuse 
or  neglect  to  order  such  statement  to  be  made,  and  any  officer  of  said 
board  who  shall  fail,  refuse  or  neglect  to  prepare  such  statement  and 
publish  and  forward  the  same,  as  required  by  the  foregoing  provisions 
of  this  section,  when  ordered  by  such  board,  shall  be  guilty  of  a  mis- 
demeanor and  punishable  by  a  fine  not  to  exceed  one  hundred  dollars. 
(R.  S.  1899,  §  9879,  re-enacted,  L.  1909,  p.  770.) 

The  department  of  education  sends  out  a  blank  for  the  report  contemplated  by 
this  section.  Secretaries  of  school  boards  should  make  this  report  promptly  between 
the  1st  and  15th  days  of  July  in  each  year,  and  thus  avoid  unnecessary  correspondence. 

Sec.  10885.  Boards  may  accept  gifts  for  libraries. — The  board  of 
education  shall  have  power  to  accept  and  receive  gifts  and  devises  for 
the  erection  and  endowment  of  libraries  and  for  the  purchase  of  books, 
and  to  invest  the  same,  and  to  loan  such  endowment  fund  upon  the 
same  security  and  in  the  same  manner  as  required  by  law  for  the  county 
or  capital  school  fund.  (R.  S.  1899,  §  9879,  re-enacted,  L.  1909,  p.  770.) 

A  note  of  donor,  payable  to  district  at  a  future  date,  is  ordinarily  not  a  valid  gift 
and  not  collectible,  but  when  the  district  has  made  large  expenditures  on  the  faith 
that  such  note  will  be  paid  before  executors  of  donor  repudiate  same,  it  can  be  col- 
lected. School  District  v.  Sheidley,  138  Mo.  672. 

Sec.  10886.  Depositories  of  school  moneys. — The  board  of  educa- 
tion of  city,  town  and  consolidated  school  districts  in  this  state  shall 
select  depositories  for  the  funds  of  such  school  district  in  the  same  manner 
as  is  provided  by  law  for  the  selection  of  county  depositories ;  and  they 
may  loan  any  moneys  held  for  the  payment  of  outstanding  bonds  upon 
the  same  terms  and  upon  the  same  conditions  as  provided  by  law  for 
loaning  county  and  school  moneys.  (R.  S.  1903,  p.  269,  re-enacted,  L. 
1909,  p.  770.) 


S  L—  6 


82 


Revised  School  Lawn. 


ARTICLE  V. 

LAWS  APPLICABLE  TO  CERTAIN  SCHOOL  DISTRICTS. 


SECTION 

10887.  Boards   may   loan    sinking    fund, 

when  and  how. 

10888.  Boards  in  certain  cities  to  pur- 

chase  site,   when. 

10889.  Board   of  education   may   estab- 

lish night  schools,   when. 

10890.  Districts  may  be  annexed  in  cer- 

tain   cases. 

10891.  Id.     Procedure. 


SECTION 

10892.  Election   to   be   held — to   be   con- 

ducted,  how. 

10893.  Proceedings  if  proposition  to  an- 

nex carries. 

10894.  Maintenance  of  library. 

10895.  Delinquent,    dependent   and    neg- 

lected   children,    where   sent    to 
school. 


Sec.  10887.  Boards  may  loan  sinking  fund,  when  and  how.— 
Whenever  any  school  district  in  any  county  in  this  state,  which  now 
has  or  hereafter  shall  adopt  township  organization,  shall  accumulate 
a  sinking  fund  for  the  payment  of  district  indebtedness,  the  board  of 
directors  of  such  school  district  shall  have  the  power  to  loan  such  sink- 
ing fund  for  such  length  of  time  as  they  shall  deem  proper,  such  time 
not  to  extend  beyond  the  maturity  of  the  district's  indebtedness.  Said 
board  shall  not  loan  said  money  for  a  less  rate  of  interest  than  four  per 
cent,  per  annum,  nor  for  a  greater  rate  than  eight  per  cent,  per  annum. 
The  security  which  shall  be  required  shall  be  unincumbered  real  estate 
of  at  least  double  the  value  of  the  amount  loaned,  and,  in  addition,  the 
borrower  may,  if  the  board  deem  it  necessary,  be  required  to  give  a  note 
or  bond,  with  one  or  more  solvent  sureties,  to  be  approved  by  the  board 
of  school  directors,  payable  to  the  school  district  making  the  loan ;  which 
note  or  bond  shall.be  described  in  and  secured  by  the  deed  of  trust  or 
mortgage  on  the  real  estate  given  as  security.  (R.  S.  1899,  §  9791, 
amended,  L.  1909,  p.  770.) 

While  it  is  improper  to  loan  school  money  on  a  second  mortgage,   such  mortgage 
is  not  invalid.  Sharp  v.  Collins,  74  Mo.  266. 

Sec.  10888.  Boards  in  certain  cities  to  purchase  site,  when. — In 
all  such  school  districts  as  are  mentioned  in  article  IV  of  this  chapter, 
that  have  a  population  exceeding  five  thousand  and  not  exceeding  one 
hundred  thousand  inhabitants,  the  board  of  education  of  such  school  dis- 
tricts shall  have  full  power,  by  an  affirmative  vote  of  not  less  than  two- 
thirds  of  all  the  members  of  such  board,  to  locate  and  direct  and  author- 
ize the  purchase  of  sites  for  schoolhouses,  libraries  and  school  offices, 
and,  by  a  like  vote,  to  direct  and  authorize  the  sale  of  any  real  estate  or 
other  property  belonging  to  such  school  districts;  and  if  two-thirds  of 
the  members  of  such  board  shall  authorize  and  direct  the  sale  of  such 
real  estate,  the  same  shall  be  entered  of  record  by  the  secretary,  together 
with  the  terms  of  such  sale,  and  the  president  of  such  board  shall,  in  the 
name  of  such  board,  execute  the  necessary  deed  or  deeds  of  conveyance 
to  the  purchaser  or  purchasers  thereof ;  which  said  deeds  of  conveyance 
shall  be  by  him  acknowledged  as  other  deeds  conveying  real  estate  are  by 
law  required  to  be  acknowledged.  (R.  S.  1899,  §  9878,  re-enacted.  L. 
1909,  p.  770.) 


Revised  School  Taws.  83 

Sec.  10889.  Board  of  education  may  establish  free  night  schools, 
when. — The  board  of  education  in  school  districts  organized  under 
the  provisions  of  article  IV,  article  XII  or  article  XIII  of  chapter  106 
of  the  Revised  Statutes  of  1909,  upon  the  receipt  of  a  petition  signed 
by  fifty  or  more  freeholders  requesting  such  action,  are  hereby  authorized 
and  empowered  to  establish  and  maintain  free  night  schools,  to  make 
all  necessary  rules  and  regulations  therefor,  to  fix  the  rates  for  tuition  of 
pupils  above  the  age  of  twenty  years  and  of  such  others  as  are  not  en- 
titled to  receive  free  public  school  privileges  in  the  district  in  which  sucli 
school  is  maintained,  and  to  have  general  charge  and  control  over  such 
school :  Provided,  that  such  boards  of  education  may  grant  the  use  of, 
or  lease,  any  of  the  public  school  buildings  in  their  respective  districts 
to  any  responsible  party  or  parties  for  the  purpose  of  conducting  a  free 
night  school  therein :  Provided,  however,  that  when  the  use  of  a  school 
building  is  granted  or  leased  for  the  above  named  purpose,  it  shall  be 
•the  duty  of  the  party  or  parties  using  it  to  keep  it  clean  and  in  good  re- 
pair and  to  leave  it  in  as  good  condition  as  it  was  when  they  took  charge 
of  it:  Provided  further,  that  should  the  party  or  parties  so  using  the 
said  school  building  fail  to  comply  with  the  provisions  of  this  section,  the 
board  of  education  of  such  district  shall  refuse  them  further  use  of  it 
until  said  provisions  are  complied  with.  (Laws  1909,  p.  849.) 

Sec.  10890.  Districts  may  be  annexed  in  certain  cases. — When- 
ever a  city  school  district  now  having  or  which  may  hereafter  attain 
a  population  of  more  than  one  hundred  thousand  and  less  than  three 
hundred  thousand  inhabitants  shall  adjoin  a  city  school  district  having 
a  population  of  less  than  one  hundred  thousand  inhabitants,  and  the 
school  district  containing  the  larger  population  shall  desire  to  extend  its 
boundary  lines  so  as  to  embrace  the  territory  of  the  district  having  the 
lesser  population,  together  with  the  territory  which  may  be  attached 
thereto  for  school  purposes,  such  extension  may  be  accomplished  in  the 
manner  hereinafter  in  sections  10890  to  10895  prescribed.  (R.  S.  1899, 
§  9952.) 

Sec.  10891.  Id.  Procedure. — The  board  of  directors  of  the  dis- 
trict having  the  greater  population  shall  adopt  a  resolution  expressive 
of  the  desire  of  their  said  district  to  extend  its  limits  so  as  to  embrace 
the  territory  of  the  district  having  the  lesser  population,  together  with 
the  territory  which  may  be  attached  thereto  for  school  purposes,  and 
requesting  the  board  of  directors  of  such  smaller  district  to  order  a  special 
election  in  said  district  for  the  purpose  of  submitting  to  the  qualified 
voters  thereof  a  proposition  for  such  extension,  and  shall  cause  to  be 
delivered  to  the  president  of  the  board  of  directors  of  such  smaller 
district  a  copy  of  such  resolution,  certified  by  the  secretary  of  the  board. 
(R.  S.  1899,  §  9953.) 

Sec.  10892.  Election  to  be  held— to  be  conducted,  how.— Within 
thirty  days  after  the  delivery  of  a  copy  of  said  resolution  to  such  presi- 
dent, the  board  of  directors  of  such  smaller  district  shall,  by  resolution, 
order  a  specal  election  to  be  held  in  such  district,  at  which  shall  be 
submitted  to  the  qualified  voters  of  the  district  the  question  whether 
said  district,  with  the  territory  attached  thereto  for  school  purposes, 


84  Revised  School  Laics. 

shall  be  annexed  to  and  become  a  part  of  the  district  having  the 
greater  population.  The  board  of  directors  shall  by  such  resolution  fix  the 
time  and  designate  the  places  at  which  such  special  election  shall  be  held, 
and  the  number  of  the  places  so  designated  shall  not  be  less  than  one  in 
each  city  ward  in  the  district.  Printed  notices,  signed  by  the  president  and 
secretary  of  the  board,  stating  the  purpose  of  the  election,  and  the  time 
and  places  at  which  it  will  be  held,  shall  be  posted  in  at  least  ten  public 
places  in  the  district  at  least  twenty  days  before  the  day  of  election.  The 
election  shall  begin  at  seven  o'clock  a.  m.,  and  close  at  six  o'clock  p.  m. 
The  board  of  directors  shall  appoint  three  judges  of  election  for  each 
polling  place  and  the  judges  at  each  polling  place  shall  appoint  two 
clerks.  The  judges  and  clerks  shall  be  sworn,  and  the  election,  except 
as  herein  otherwise  provided,  shall  be  conducted  in  the  same  manner  as 
elections  under  article  II,  chapter  43  of  the  Revised  Statutes  of  1909. 
Should  such  school  district  embrace  territory  not  included  in  the  limits  of 
a  city,  the  qualified  voters  thereof  may  vote  at  such  voting  precinct  as 
they  would  be  attached  to :  Provided,  the  lines  thereof  were  extended 
and  produced  through  such  adjoining  territory.  The  voting  shall  be  by 
ballot.  Those  voting  in  favor  of  such  annexation  shall  have  written  or 
printed  on  the  ballots  ' '  for  annexation ; ' '  and  those  voting  against  such 
annexation  the  words  " against  annexation."  The  ballots,  necessary 
poll  books  and  one  ballot  box  for  each  voting  place  shall  be  furnished 
by  the  board  of  directors.  Immediately  after  the  close  of  the  election 
the  ballots  shall  be  counted,  and  the  ballots,  after  being  counted,  shall  be 
sealed  up  in  a  package  and  delivered  to  the  secretary  of  the  board  of 
directors,  who  shall  deposit  them  in  his  office,  where  they  shall  be  safely 
preserved  for  twelve  months,  and  said  secretary  shall  not  allow  the  same 
to  be  inspected  unless  in  case  of  a  contested  election  or  the  same  become 
necessary  to  be  used  in  evidence,  and  then  only  on  the  order  of  the 
proper  court  or  the  judge  thereof  in  vacation,  under  such  restrictions 
for  their  safe-keeping  or  return  as  the  court  or  judge  making  the  order 
may  deem  necessary;  and  at  the  end  of  twelve  months  such  secretary 
shall  publicly  destroy  the  same  by  burning.  The  result  of  the  election 
shall  be  certified  by  the  judges  and  clerks  to  the  secretary  of  the  board 
of  directors,  who  shall  report  the  same  to*  the  board,  which  shall  order 
the  same  duly  entered  on  the  records  in  which  are  preserved  the  minutes 
of  the  proceedings  of  the  board.  With  the  certificates  as  to  such  results, 
the  judges  shall  also  deliver  to  the  secretary  of  the  board  of  directors  the 
poll  books  and  the  ballot  boxes  used  at  such  special  election.  (R.  S. 
1899,  §  9954.) 

Sec.  10893.  Proceedings  if  proposition  to  annex  carries. — If  at 
such  election  a  majority  of  the  votes  cast  favor  such  annexation,  the 
board  of  directors  of  such  smaller  district  shall,  within  thirty  days  after 
the  election,  adopt  a  resolution  declaring  the  result  of  the  election  to  be 
in  favor  of  such  annexation,  and  deliver  to  the  board  of  directors  of  the 
larger  district  a  copy  of  such  resolution,  whereupon  the  board  of  directors 
of  the  larger  district  shall,  within  fifteen  days  after  such  delivery,  adopt 
a  resolution  declaring  that  the  boundary  lines  of  such  larger  district  are 
extended  so  as  to  embrace  the  territory  of  such  smaller  district,  together 


Revised  School  'Laivs. 


85 


with  the  territory  which  may  have  been  attached  thereto  for  school  pur- 
poses. Upon  the  adoption  of  such  resolution,  such  extension  and  annex- 
ation shall  be  complete,  and  the  corporate  existence  of  such  smaller  dis- 
trict shall,  ipso  facto,  cease,  and  the  smaller  district,  together  with  the 
territory  which  may  have  been  attached  thereto  for  school  purposes  be- 
come annexed  to  and  be  a  part  of  such  larger  district,  and  all  property 
and  rights  of  every  kind  and  nature  belonging  to  and  vested  in  such 
smaller  district  shall,  by  operation  of  law,'  at  once  pass  to  and  vest  in 
the  larger  district;  and  it  shall  be  the  duty  of  all  officers  and  employes 
of  such  smaller  district,  having  custody  or  control  thereof,  to  surrender 
and  deliver  the  same  to  such  larger  district,  and  the  larger  district  shall 
also,  by  operation  of  law,  become  liable  to  pay  all  the  debts  and  liabilities 
of  such  smaller  district.  (R.  S.  1899,  §  9955.) 

Sec.  10894.  Maintenance  of  library. — Should  there  be  in  such 
smaller  district  a  library  building,  and  a  library  established  therein, 
the  board  of  directors  of  the  larger  district,  after  such  annexation  shall 
have  been  accomplished,  shall  have  the  power,  if  they  shall  deem  it 
for  the  best  interests  of  the  district,  to  maintain  such  building  and 
library,  and  to  appropriate  to  its  support  and  maintenance  such  sums 
as  they  may  deem  proper.  (R,  S.  1899,  §  9956.) 

Sec.  10895.  Delinquent,  dependent  and  neglected  children,  where 
sent  to  school. — The  boards  of  managers  of  houses  of  refuge,  houses 
of  correction,  orphan  asylums,  or  any  public  institutions  having  charge 
of  delinquent  or  dependent  and  neglected  children,  in  cities  now  having 
or  which  may  hereafter  have  one  hundred  thousand  inhabitants  or  over, 
shall  have  power  to  arrange  with  the  public  school  authorities  of  such 
cities  for  the  education,  schooling,  instruction  and  training  of  such 
children.  (Laws  1905,  p.  301.) 


ARTICLE   VI. 

COMPULSORY  ATTENDANCE   OF   CHILDREN. 


SECTION 

10896.  Parents   and   guardians   required 

to    send   children    to   school. 

10897.  Child  may  be  excused  temporari- 

ly, when. 

10898.  Attendance      officers,      how      ap- 

pointed— duties. 

10899.  Teachers    to    be    furnished    enu- 

meration list. 

10899a.  Superintendent  to  be  furnished 
names  of  parents  or  guardians 
of  children  not  complying  with 


SECTION 

sec.  10896 — superintendent  to 
file  same  with  prosecuting  at- 
torney— prosecuting  attorney  to 
proceed. 

10900.  Truant   or  parental   schools. 

10901.  Parents    and    guardians    to     be 

warned — penalty. 

10902.  Public   notice   of   this  act   to   be 

given. 

10905.     Violations  of  this  act,  how  prose- 
cuted. 


Sec.  10896.  Parents  and  guardians  required  to  send  children  to 
school. — Every  parent,  guardian  or  other  person  in  the  state  of  Mis- 
souri having  charge  and  control  of  a  child  between  the  ages  of  eight 
and  fourteen  years  sliall  cause  such  child  to  attend  regularly  some  day 
school,  public,  private,  parochial  or  parish  not  less  than  three-fourths 
of  the  entire  time  the  school  which  said  child  attends  is  in  session,  or 


86  Revised  School  Laws. 

shall  provide  such  child  at  home  with  such  regular  daily  instruction 
during  the  usual  hours  as  shall  be,  in  the  judgment  of  a  court  having 
competent  jurisdiction,  substantially  equivalent  at  least  to  the  instruc- 
tion given  children  of  like  age  at  said  day  school  in  the  locality  in  which 
the  child  resides:  Provided,  that  every  parent,  guardian  or  person  in 
the  state  of  Missouri  having  charge  and  control  of  a  child  between  the 
ages  of  fourteen  and  sixteen  years,  who  is  not  actually  and  regularly 
and  lawfully  engaged  in  some  useful  employment  or  service,  shall  cause 
said  child  to  attend  regularly  some  day  school  as  aforesaid.  (Laws  1905, 
p.  146,  amended,  L.  1909,  p.  847.) 

Sec.  10897.  Child  may  be  excused  temporarily,  when.— A  child 
between  the  ages  aforesaid  may  be  excused  temporarily  from  complying 
with  the  provisions  of  sections  10896  to  10905,  inclusive,  in  whole  or  in 
part,  if  it  can  be  shown  to  the  satisfaction  of  a  court  of  competent 
jurisdiction  that  said  parent,  or  guardian,  or  person  having  charge  or 
control  of  said  child,  is  not  able,  through  extreme  destitution,  to  provide 
or  obtain  in  any  way  proper  clothing  for  said  child ;  or  that  said  child  is 
mentally  or  physically  incapacitated  to  attend  school  for  the  whole 
period  required,  or  any  part  thereof,  or  that  there  is  no  public  school 
taught  within  two  and  one-half  miles  of  the  residence  of  said  child  by 
the  nearest  traveled  road,  or  that  said  child  has  completed  the  common 
school  course  as  prescribed  by  constituted  authority,  or  its  equivalent, 
and  has  received  a  certificate  of  graduation  therefrom."  (Session  Acts 
1911.) 

Sec.  10898.  Attendance  officers,  how  appointed — duties. — The 
board  having  charge  of  a  public  school  in  a  city  or  district  of  one  thou- 
sand or  more  population  by  the  last  census  shall  appoint  and  remove  at 
pleasure  one  or  more  attendance  officers  to  enforce  the  provisions  of  sec- 
tions 10896  to  10905  inclusive,  and  shall  fix  the  compensation  and  manner 
of  performance  of  the  duties  of  said  attendance  officer,  and  shall  pay 
them  from  the  public  school  fund;. and  the  attendance  officer,  as  afore- 
said, shall  serve  written  or  printed  notices  upon  the  parents,  or  guard- 
ians, or  persons  who,  having  charge  and  control  of  children  as  aforesaid, 
violate  the  provisions  of  said  sections;  shall,  when  reasonable  doubt 
exists  as  to  the  age  of  such  child,  require  a  properly  attested  birth  certifi- 
cate or  an  affidavit  stating  such  child's  age,  date  of  birth  and  physical 
characteristics;  shall  have  the  right  to  visit  and  enter  any  office  or 
factory  or  business  house  employing  children  as  aforesaid ;  shall  have  the 
right  to  require  a  properly  attested  certificate  of  the  attendance  of  any 
child  or  children  at  such  day  school ;  shall  have  power  to  arrest,  without 
warrant,  all  truants  non-attendants  as  aforesaid  and  place  them  in  some 
public  school,  unless  the  parents  or  guardians,  or  persons  in  charge  and 
control  of  such  children,  respectively,  shall  at  once  place  them  in  some 
other  day  school  as  aforesaid;  and  shall  serve  the  legal  notices  and  sub- 
poenas of  the  court  and  make  such  required  arrests  in  the  cases  which 
they  prosecute  without  further  fee  or  compensation  than  that  paid  by 
the  board,  as  aforesaid,  and  shall  carry  into  effect  such  other  regulation 
as  may  lawfully  be  required  by  the  board  appointing  them.  (Laws  1905, 
p.  146,  amended,  L.  1909,  p.  847.) 


Revised  School  Laws.  87 

Sec.  10899.  Teachers  to  be  furnished  enumeration  list. — It  shall 
be  the  duty  of  the  secretary  of  the  board  in  city,  town  and  village  schools, 
and  of  the  clerk  of  the  board  in  other  districts,  to  furnish  the  teacher 
at  the  beginning  of  the  term  with  a  copy  of  the  last  enumeration  of  the 
district.  The  teacher  shall  compare  this  list  with  the  enrollment  and  re- 
port to  the  attendance  officer  at  the  end  of  each  week  during  the  first 
month,  and  as  often  thereafter  as  necessary,  the  names  of  all  non-attend- 
ants between  the  ages  of  eight  and  sixteen.  (Laws  1909,  p.  847.) 

Sec.  10899a.  Superintendent  to  be  furnished  names  of  parents  or 
guardians  of  children  not  complying  with  section  10896 — superintend- 
ent to  file  same  with  prosecuting  attorney — prosecuting1  attorney  to 
proceed. — It  shall  be  the  duty  of  the  secretary  of  board  in  city,  town 
or  village  schools,  and  of  the  clerks  of  the  board  in  other  districts,  to 
file  with  the  county  superintendent  on  or  before  the  end  of  each  of  the 
first  three  quarters  of  any  school  term  the  names  of  parents,  guardian 
or  other  persons  having  control  of  children  in  his  district  who  are  not 
complying  with  the  provisions  of  section  10896  of  this  article.  The 
county  superintendent  shall  immediately  make  an  investigation  and 
if  he  finds  that  the  parents,  guardians  or  other  persons  having  charge 
of  such  children  are  carelessly  and  negligently  refusing  to  comply  with 
section  10896  of  this  article  he  shall  file  with  the  prosecuting  attorney 
such  information  as  he  may  possess  touching  upon  this  question.  The 
prosecuting  attorney  shall  proceed  as  in  any  misdemeanor  case.  (Ses- 
sion Acts  1911.) 

Sec.  10900.  Truant  or  parental  schools. — The  board  having  charge 
of  the  public  schools  of  any  district  now  having,  or  which  may  hereafter 
have,  10,000  inhabitants  or  more,  may  establish  and  maintain  from  the 
public  school  funds  one  or  more  special  truant  or  parental  schools  in 
such  city  or  district  for  children  who  are  either  habitual  truants  from 
any  day  school  in  which  they  are  enrolled  as  pupils,  or  who,  while  in 
attendance  at  any  school  are  incorrigible,  vicious,  or  immoral,  or 
who  habitually  wander  or  loiter  about  the  streets  or  roads,  or  other 
public  places  without  lawful  employment,  or  who,  in  the  opinion  of 
such  board  or  of  its  superintendent  of  instruction,  require  special  at- 
tention and  instruction;  all  such  children  may  by  said  school  board, 
through  its  officers,  be  assigned  to  and  required  and  compelled  to  at- 
tend such  special  truant  or  parental  school,  or  any  department  of  the 
graded  schools  as  such  board  may  direct ;  and  any  such  board  of  edu- 
cation may  also  establish  and  maintain  from  the  public  school  funds, 
either  within  or  without  its  district,  a  parental  school  for  the  care 
and  education  of  any  child  resident  of  said  school  district  adjudged  to 
be  a  delinquent  and  committed  to  it  by  any  court  of  competent  juris- 
diction therein:  Provided,  however,  that  for  every  such  delinquent 
child  thus  committed  to  such  school  there  shall  be  paid  to  such  board 
of  education  out  of  the  treasury  of  said  city  or  county  the  sum  of 
ten  ($10.00)  dollars  per  month  for  the  support,  maintenance,  clothing 
and  other  expenses  of  such  child  from  the  time  of  its  entrance  into 
said  school  until  its  discharge  therefrom.  (Session  Acts,  1911.) 

Sec.  10901.    Parents  and  guardians  to  be  warned— penalty.— Any 


88  Revised  School  Laws. 

parent  or  guardian  or  person  who,  having  charge  and  control  of  a 
child  between  the  ages  of  eight  and  sixteen  years,  violates  any  pro- 
visions of  sections  10896  to  10905,  inclusive,  shall  be  warned  as  aforesaid 
as  soon  as  possible  after  the  beginning  of  the  public  school  term  of  the 
city  or  town  district  in  which  such  child  resides,  and  also  at  any  time 
thereafter,  by  the  attendance  officer  herein  provided  for,  or  by  clerk  of 
district  when  no  attendance  officer  is  provided  for,  to  place  and  keep 
said  child  in  regular  attendance  at  some  day  school  within  ten  days  from 
the  service  of  said  written  or  printed  notice  of  warning,  and  upon  failure 
to  comply  with  said  sections  after  a  lapse  of  ten  days  from  the  date  of 
the  service  of  said  notice  of  warning,  said  parent  or  guardian,  or  person 
having  charge  and  control  of  said  child  shall  be  deemed  guilty  of  a  mis- 
demeanor and,  upon  conviction  thereof,  shall  pay  a  fine  of  not  less  than 
ten  dollars  and  not  more  than  twenty-five  dollars,  or  be  imprisoned  for 
not  less  than  two  days  and  not  more  than  ten  days,  or  both  such  fine  and 
imprisonment :  Provided,  that  said  sentence  of  fine  or  imprisonment,  or 
both,  may  be  suspended  and  finally  remitted  by  the  court  with  or  with- 
out the  payment  of  costs  at  the  discretion  of  the  court  if  the  said  child 
be  immediately  placed  and  kept  in  regular  attendance  in  some  day  school 
as  aforesaid,  and  if  such  fact  of  regular  attendance  is  proven  subsequent- 
ly to  the  satisfaction  of  said  court  by  a  properly  attested  certificate  of 
attendance  by  the  superintendent  or  teacher  of  said  day  school.  (Laws 
1905,  p.  146.) 

Sec.  10902.  Public  notice  of  this  act  to  be  given. — Every  board 
having  charge  of  the  public  schools  of  any  city  or  town  or  district  in 
the  state  of  Missouri  shall,  each  year,  publish  a  synopsis  of  sections 
10896  to  10905,  inclusive,  ten  days  prior  to  the  opening  of  school  in  a 
newspaper  published  in  the  city  or  town  district  in  which  the  members 
thereof  reside,  or  shall  post  copies  thereof  in  five  or  more  public  places 
in  the  district  as  will  in  their  judgment  best  give  knowledge  thereof. 
(Laws  1905,  p.  146.) 

Sec.  10905.  Violations  of  this  act,  how  prosecuted. — Prosecutions 
under  sections  10896  to  10905  shall  be  brought  in  the  name  ©f  the  state 
of  Missouri,  before  any  court  of  record  having  competent  jurisdiction 
in  cities  having  fifty  thousand  population  or  more,  and  before  any 
court  having  competent  jurisdiction  in  other  districts,  and  the  fines 
collected  shall  be  paid  over  to  the  county  treasurer  and  be  credited  to 
the  permanent  school  fund  of  the  county  or  city,  (Laws  1905,  p.  146.) 

The  following  notice  should  be  posted  in  five  public  places  ten  days  before  school 
opens  each  year.  Printed  notices  will  be  supplied  by  State  Superintendent  to  county 
superintendents : 

NOTICE  TO  PARENTS  AND  GUARDIANS. 

PROVISIONS    OF    COMPULSORY    ATTENDANCE    LAW. 

(Approved  April  11,   1905.) 

1.  Every   child   between   8    and   14   years   old   and   between    14   and   16,   when  not 
regularly  employed,   must  attend  some   day  school   at  least  three-fourths   of  the  term 
each  year. 

2.  No   child   can   be   excused   on   promise   to   attend ;   he   must   attend   first   three- 
fourths  of  term  before  being  excused  on  that  account. 


Revised  School  Laws. 


89 


3.  Courts  having  jurisdiction   (justice  of  the  peace  in  rural  districts  and  in  cities 
having   less   than   50,000   population)    may   excuse   children   from  attending   school    for 
following  reasons:      (1)    parents  cannot  supply  proper  clothing;    (2)    child  is  mentally 
or  physically  unable  to  attend;    (3)    no  public  school  in  two  and  a  half  miles  of  the 
home;    (4)    labor  of  child  is  necessary  to  support  family;    (5)   child  has  completed  the 
common   school   course. 

4.  No  child  between  8  and  14  can  be  employed  in  mine,  factory,  workshop  or  store 
unless  excused  for  one  of  the  five  reasons  or  has  statement  from  teacher  that  he  has 
already  attended   three-fourths  of  the   term  for  that  school  year. 

5.  It  is  the  duty  of  attendance  officers  and  district  clerks  to  notify  parents  and 
guardians  when  children  fail  to  comply  with  the  provisions  of  the  law. 

6.  The  penalty  for  non-attendance  falls  on  parent  or  guardian,  and  it  is  a  maxi- 
mum fine  of  $25  or  imprisonment  for  ten  days,  one  or  both. 

7.  For  illegal   employment  of  a  child,   the  employer  is  subject  to  a  fine  of  fifty 
dollars  and   costs. 

8.  Every  school  board  shall  publish  this  synopsis  in  newspaper  of  the  district  or 
post  in  five  public  places  ten  days  before  school  opens  each  year. 

See,  also,  sections  1716-1726  under  important  sections  bearing  on  school  law. 


ARTICLE    VII. 

STATE  SUPERINTENDENT. 


SECTION 
10918.     State 


superintendent  —  election 
and  term  of  office. 

10919.  Bond  and  qualification. 

10920.  Powers  and   duties. 

10921.  May  employ  chief  clerk. 

10922.  Annual   report   of   state   superin- 

tendent— shall    inspect    schools. 


SECTION 

10923.  Classsification  of  high   schools — 

work  to  be  accredited. 

10924.  High   school   inspection   by   state 

superintendent. 

10925.  Blanks  for  reports. 

10926.  Restrictions   and   penalties. 

10927.  Reports   to   state   superintendent. 

10928.  Disposition  of  reports. 


Sec.  10918.    State  superintendent — election  and  term  of  office.— 

There  shall  be  elected  by  the  qualified  voters  of  this  state,  at  the  next 
general  election  for  state  and  county  officers,  and  every  four  years  there- 
after, a  state  superintendent  of  public  schools,  who  shall  enter  upon  the 
discharge  of  his  duties  on  the  second  Monday  of  January  next  following 
his  election,  and  hold  his  office  for  the  term  of  four  years  and  until 
his  successor  is  elected  and  qualified.  The  election  of  said  superintend- 
ent and  the  returns  thereof  shall  be  the  same  in  all  respects  as  provided 
for  the  election  of  other  state  officers ;  and  in  case  of  vacancy  occurring 
in  said  office,  by  death,  resignation  or  otherwise,  the  governor  shall  fill 
the  same  by  appointment,  who  shall  hold  his  office  until  the  next  general 
election.  (R.  S.  1899,  §  9854,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10919.  Bond  and  qualification. — Before  entering  upon  the 
discharge  of  his  official  duties,  the  said  superintendent  shall  give  bond 
in  the  penal  sum  of  ten  thousand  dollars  to  the  state  of  Missouri,  with 
two  or  more  sureties,  to  the  acceptance  of  the  secretary  of  state,  con- 
ditioned that  he  will  truly  account  for  and  apply  all  moneys  or  other 
property  which  may  come  into  his  hands,  in  his  official  capacity,  for 
the  use  and  benefit  of  public  schools,  and  that  he  will  faithfully  perform 
the  duties  enjoined  upon  him  by  law;  and  he  shall  take  and  subscribe 
the  oath  or  affirmation  required  by  the  Constitution  of  tl\e  state,  and 


90  Revised  School  Laws. 

diligently  and  faithfully  discharge  the  duties  of  his  office  as  prescribed 
by  law ;  which  bond,  with  certificate  endorsed  thereon,  shall  be  filed  with 
the  secretary  of  state.  (R.  S.  1899,  §  9855,  re-enacted,  L.  1909,  p. 
770.) 

Sec.  10920.  Powers  and  duties. — He  shall  reside  and  the  books 
and  papers  of  his  department  shall  be  kept  at  the  seat  of  government, 
where  a  suitable  office  shall  be  provided  bv  the  state,  at  which  he  shall 
give  his  attendance  when  not  absent  on  public  business.  He  shall  exer- 
cise such  supervision  over  the  educational  funds  of  the  state  as  may  be 
necessary  to  secure  their  safety  and  correct  application  and  distribution 
according  to  law.  He  shall  also  have  power  to  require  of  county  clerks 
or  treasurers,  boards  of  education  or  other  school  officers,  recorders  and 
treasurers  (boards  of  education  or  other  school  officers,  recorders  and 
treasurers),  of  cities,  towns  and  villages,  copies  of  all  records  by  them 
required  to  be  made,  and  all  such  other  information  in  relation  to  the 
funds  and  condition  of  schools  and  the  management  thereof  as  may  be 
deemed  important ;  and  he  shall  cause  as  many  copies  of  the  law  relating 
to  schools,  with  instructions  for  carrying  into  execution  of  such  laws,  to 
'be  printed  in  a  separate  volume  and  distributed  to  each  county  in  the 
state,  for  the  use  of  school  officers  therein,  and  all  the  blanks  that  may 
be  necessary  for  the  supply  of  all  officers  provided  for  by  this  chapter, 
as  often  as  any  change  in  said  laws  may  be  made  of  sufficient  importance, 
in  the  opinion  of  the  superintendent,  to  require  re-publication  and  dis- 
tribution thereof;  and  all  moneys  necessarily  expended  in  performance 
of  the  duties  required  in  this  section  shall  be  allowed  by  the  auditor  and 
paid  out  of  the  state  treasury.  He  shall  also  have  authority  to  examine 
teachers  and  grant  certificates  of  qualifications  to  those  who  pass  a  satis- 
factory examination,  but  the  applicant  shall  not  be  charged  any  fee 
for  such  examination  or  certificate,  nor  shall  the  state  superintendent 
receive  any  fee  or  compensation  therefor;  and  any  person  holding  such 
certificate  from  him  shall  be  permitted  to  teach  without  further  examina- 
tion from  other  authorized  examiners.  Said  certificate  may  be  revoked 
by  the  state  superintendent  for  incompetency,  cruelty,  immorality, 
drunkenness  or  neglect  of  duty.  (R.  S.  1899,  §  9856,  re-enacted,  L. 
1909,  p.  770.) 

The  instructions  for  carrying  into  effect  the  school  laws  prepared  by  State  Super- 
intendent of  Schools  under  the  provisions  of  this  section  are  not  binding  on  the  courts, 
but  when  such  instructions  are  practical  they  have  great  weight  with  the  courts  in 
determining  the  true  meaning  of  the  law.  State  ex  rel.  v.  Job,  205  Mo.  1. 

Sec.  10921.  May  employ  chief  clerk — salary. — The  state  superin- 
tendent shall  be  entitled  to  employ  a  chief  clerk,  who  shall  sustain  the 
same  relations  to  the  state  superintendent  as  are  sustained  by  the  chief 
clerks  of  other  state  officers.  The  chief  clerk  shall  perform  such  clerical 
and  other  work  as  may  be  directed  by  the  state  superintendent,  and  shall 
hold  his  office  at  the  pleasure  of  the  state  superintendent,  and  shall  re- 
ceive a  salary' of  two  thousand  dollars  per  annum.  (R.  S.  1899,  §  9857, 
re-enacted,  L.  1909,  p.  770.) 

By  an  act  of  the  Forty-sixth  general  assembly  the  salary  of  the  chief  clerk  was 
raised  to  $2,400  per  annum. 


Revised  Schocfl  Laws.  91 

Sec,  10922.  Annual  report  of  state  superintendent — shall  inspect 
schools, — It  shall  be  the  duty  of  said  superintendent  of  public  schools 
to  make  an  annual  report  on  or  before  the  first  Wednesday  in  January, 
in  each  and  every  year,  to  the  general  assembly,  when  that  body  shall  be 
in  session  any  such  year;  and  when  not  in  session  any  one  year,  then 
the  report  shall  be  made  to  the  governor,  who  shall  cause  the  same  to  be 
published,  and  shall  also  communicate  a  copy  thereof  to  the  next  general 
assembly.  The  state  superintendent,  in  the  annual  report  of  his  labors 
and  observations,  shall  present  a  statement  of  the  condition  and  amount 
of  all  funds  and  property  appropriated  for  purposes  of  education;  a 
statement  of  the  number  of  public  schools  in  the  state,  the  number  of 
pupils  attending  such  schools,  their  sex,  and  the  branches  taught ;  a  state- 
ment of  the  number  of  teachers  employed,  their  sex,  the  average  amount 
of  wages  paid  to  such  teachers,  statistics  showing  the  amount  of  pro- 
fessional training  had  by  teachers  in  the  schools  of  the  state;  a  state- 
ment of  the  estimates  and  accounts  of  the  expenditures  of  public  school 
funds  of  every  description ;  a  statement  of  plans  for  the  management  and 
improvement  of  public  schools,  and  such  other  information  relative  to 
the  educational  interests  of  the  state  as  he  may  deem  important.  He 
shall,  in  person  or  by  deputy,  confer  with  and  advise,  county  officers  on 
all  matters  pertaining  to  the  school  law  and  school  directors,  and  all  other 
school  officers,  teachers  and  patrons  of  the  public  schools.  He  shall  have 
power,  in  person  or  by  deputy,  to  visit  and  inspect  schools,  and  make  sug- 
gestions in  regard  to  the  subject  matter  and  methods  of  instruction 
offered,  the  control  and  government  of  the  school,  and  the  care  and  keep- 
ing of  all  school  property.  He  shall  have  power  to  attend  and  assist  in 
meetings  of  teachers,  directors  or  patrons,  and  to  in  every  way  elevate 
the  standard  and  efficiency  of  the  instruction  given  in  the  public  schools 
of  the  state.  All  moneys  reasonably  expended  in  the  execution  of  these 
duties,  as  prescribed  by  this  section,  shall,  upon  due  proof,  be  allowed 
by  the  auditor,  and  paid  out  of  the  state  treasury :  Provided,  that  no 
personal  expenses  be  included  in  the  above  allowance.  (R.  S.  1899,  § 
9958,  amended,  L.  1909,  p.  770.) 

Sec.  10923.  Classification  of  high  schools — work  to  be  accredited. 
The  state  superintendent  of  public  schools  shall  have  authority  to  classify 
the  public  high  schools  in  the  state  into  first,  second  and  third  classes, 
and  shall  prescribe  minimum  courses  of  study  for  each  class :  Provided, 
that  no  school  shall  be  classed  as  a  high  school  of  the  first  class  which  does 
not  maintain  a  four  years'  course  of  standard  work  in  English,  mathe- 
matics, science  and  history  for  a  term  of  at  least  nine  months  in  the  year, 
and  which  does  not  employ  the  entire  time  of  at  least  three  approved 
teachers  in  high  school  work;  that  no  school  shall  be  classed  as  a  high 
school  of  the  second  class  which  does  not  maintain  a  three  years'  course 
of  standard  work  in  English,  mathematics,  science  and  history  for  a  term 
of  at  least  nine  months  in  the  year,  and  which  does  not  employ  the  entire 
time  of  at  least  two  approved  teachers  in  high  school  work ;  that  no  school 
shall  be  classed  as  a  high  school  of  the  third  class  which  does  not  maintain 
a  two  years'1  course  of  standard  work  in  English,  mathematics,  science 
and  history  for  a  term  of  at  least  eight  months  in  the  year,  and  which 


92  Revised  School  Laws. 

does  not  employ  the  entire  time  of  at  least  one  approved  teacher  in  high 
school  work.  All  work  completed  in  an  accredited  high  school  shall  be 
given  full  credit  in  requirements  for  entrance  to  and  classification  in  any 
educational  institution  supported  in  whole  or  in  part  by  state  appropria- 
tions. (Laws  1903,  p.  264,  re-enacted,  L.  1909,  p.  770.) 

Sec.  10924.  High  school  inspection  by  state  superintendent. — For 
the  purpose  of  classifying  high  schools  and  having  their  work  accredited 
by  higher  educational  institutions,  the  state  superintendent  of  public 
schools  shall,  in  person  or  by  deputy,  inspect  and  examine  any  high 
school  making  application  for  classification,  and  he  shall  prescribe  rules 
and  regulations  governing  such  inspections  and  examinations,  and  keep 
complete  record  of  all  inspections,  examinations  and  recommendations 
made.  He  shall,  from  time  to  time,  publish  lists  of  classified  high 
schools :  Provided,  he  may  drop  any  school  in  its  classification  if,  on  re- 
inspection  or  re-examination,  he  finds  that  such  school  does  not  maintain 
the  required  standard  of  excellence.  (Laws  1903,  p.  265,  re-enacted,  L. 
1909,  p.  770.) 

Sec.  10925.  Blanks  for  reports. — The  blanks  for  the  reports  re- 
quired to  be  made  by  the  various  school  officers  under  the  provisions 
of  this  chapter  shall  be  printed  under  the  direction  of  the  commissioners 
of  public  printing,  in  the  form  prescribed  by  the  state  superintendent  of 
public  schools,  to  be  paid  for  in  like  manner  and  upon  the  same  terms  as 
other  public  printing.  (R.  S.  1899,  §  9853",  re-enacted,  L.  1909,  p.  770.) 

Sec.  10926.  Restrictions  and  penalties. — The  state  superintendent 
shall  not  act  as  agent  for  any  author,  publisher  or  bookseller,  or  manu- 
facturer or  vendor  of  school  furniture  or  apparatus,  nor  directly  or  in- 
directly receive  any  gift,  emolument,  reward,  or  promise  of  reward,  for 
his  influence  in  recommending  or  procuring  the  use  of  any  text-book, 
school  apparatus  or  furniture  of  any  kind  whatever  in  any  public  school. 
Any  superintendent  who  shall  violate  the  provisions  of  this  section  shall 
be  guilty  of  a  felony,  and  shall,  upon  conviction  thereof,  be  punished  by. 
imprisonment  in  the  penitentiary  for  a  period  of  not  less  than  two  years ; 
and  the  provisions  of  this  section  shall  apply  to  county  superintendents. 
(R.  S.  1899,  §  9859,  amended,  L.  1909,  p.  770.) 

Sec.  10927.  Reports  to  state  superintendent  of  schools,— The 
curators  of  the  state  university,  the  trustees  of  other  state  institutions 
for  the  purposes  of  education,  and  others  having  authority,  and  being 
required  by  law  so  to  do,  except  the  Missouri  school  for  the  blind,  and  the 
school  for  the  deaf,  shall  report  to  the  state  superintendent  of  public 
schools  on  or  before  the  31st  day  of  August  of  each  year,  concerning  the 
condition,  improvements  and  necessities  of  said  institutions,  which  re- 
port shall  be  published  as  a  part  of  the  state  superintendent's  annual 
report.  (R.  S.  1899,  §  7723.) 

Sec.  10928.  Disposition  of  reports.— Fifty  copies  of  such  report 
shall  be  reserved  for  the  use  of  each  public  institution  so  reporting, 
and  ten  copies  shall  be  bound  in  suitable  manner  and  preserved  in  the 
state  library.  (R,  S.  1899,  §  7724.) 


Laws. 


9:* 


ARTICLE  VIII. 

COUNTY  SUPERINTENDENTS. 


SECTIOIf 

10929.  County   superintendent — eligibili- 

ty— term  of  office. 

10930.  Election  returns,   how  certified — 

duty  of  county  clerk. 

10931.  Superintendent      to      take      oath, 

give   bond — keep  office,    where. 

10932.  Superintendent's  powers  and  du- 

ties. 

10933.  Public       meetings  —  course       of 

study— grade  schools,  etc. 


SECTION 

10934.  County  teachers'  associations. 

10935.  Make  statistical  report  annuall.v 

— shall     require     report      from 
teachers. 

10936.  County  superintendent  to  furnish 

blanks  to  school  officers. 

10937.  Superintendent  shall  not  teach— 

must  study   rural   school   prob- 
lems  and   supervision. 

10938.  Salary. 


Sec.  10929.  County  superintendents — qualifications — term  of  of- 
fice.— There  is  hereby  created  the  office  of  county  superintendent  of 
public  schools  in  each  and  every  county  in  the  state.  The  qualified 
voters  of  the  county  shall  elect  said  county  school  superintendent  at 
the  annual  district  school  meetings  held  on  the  first  Tuesday  in  April, 
1911,  and  every  four  years  thereafter.  Said  superintendent  shall  be  at 
least  twenty -four  years  old,  a  citizen  of  the  county,  shall  have  taught 
or  supervised  schools  as  his  chief  work  during  at  least  two  of  the  four 
years  next  preceding  his  election  or  appointment,  or  shall  have  spent 
the  two  years  next  preceding  his  election  or  appointment  as  a  regular 
student  in  a  normal  school,  college  or  university,  and  shall  at  the  time 
of  his  election  hold  a  diploma  from  one  of  the  state  normal  schools  or 
teachers'  college  of  the  state  university,  or  shall  hold  a  state  certificate, 
authorizing  him  to  teach  in  the  public  schools  of  Missouri,  or  shall  hold 
a  first  grade  county  certificate,  authorizing  him  to  teach  in  the  county 
of  which  he  is  superintendent.  The  person  elected  county  school  com- 
missioner or  county  school  superintendent  at  the  annual  school  meet- 
ing, held  the  first  Tuesday  in  April,  1909,  or  his  successor,  shall,  during 
the  month  of  August,  1909,  qualify  under  this  article  as  county  super- 
intendent of  public  schools,  and  shall  serve  as  such  until  the  first  Tues- 
day in  April,  1911,  and  until  his  successor  is  elected  and  qualified;  and 
the  qualifications  prescribed  for  the  county  school  commissioner  at  the 
time  of  the  annual  school  meeting,  the  first  Tuesday  in  April,  1909, 
shall  be  the  qualifications  for  the  county  superintendent  of  public 
schools  until  the  first  Tuesday  in  April,  1911.  Said  county  superin- 
tendent of  public  schools  shall  hold  his  office  for  four  years  and  until 
his  successor  is  elected  and  qualified;  and  all  vacancies,  caused  by 
death,  resignation,  refusal  to  serve  or  removal  from  the  county,  shall 
be  filled  by  the  governor  by  appointment  for  the  unexpired  term;  the 
county  superintendent  shall  turn  over  all  books,  papers,  certificates, 
stub  books  and  records  in  his  possession  to  his  successor.  Wherever 
the  term,  "county  commissioner,"  or,  "county  board  of  education,"  is 
used  in  the  statutes,  it  shall  be  construed  to  mean  county  superintend- 
ent of  public  schools.  (Session  Acts  1911.) 


94  Revised  School  Laivs. 

Sec.  10930.  Election  returns,  how  certified — duty  of  county  clerk. 
At  least  ten  days  before  the  annual  school  meeting  in  any  year  when 
a  county  superintendent  of  public  schools  is  to  be  elected,  the  clerk 
of  the  county  court  shall  mail  by  registered  letter  to  the  president 
or  clerk  of  the  board  of  school  directors  of  the  various  districts  of 
the  county  a  tally  sheet  of  sufficient  size  to  contain  the  names  of  all 
the  qualified  voters  of  such  districts,  which  tally  sheets  shall,  so  far  as 
practical,  conform  to  the  form  of  poll  books  set  out  in  section  5809 
of  article  2  of  chapter  43  of  the  Revised  Statutes  of  Missouri,  1909, 
relating  to  general  elections,  and  in  making  the  returns  of  such 
election,  the  tally  sheets  shall  be  certified  by  the  chairman  and  sec- 
retary of  such  annual  school  meeting  and  attested  by  the  members 
of  the  board  of  directors  of  the  district,  who  may  be  present.  The 
voting  for  county  superintendent  shall  be  by  ballot  and  all  ballots  cast 
shall  be  counted  for  the  persons  for  whom  cast,  and  it  is  hereby  made 
the  duty  of  the  members  of  the  board  of  directors  and  the  chairman 
and  secretary  of  the  annual  school  meeting  to  see  that  each  ballot  so 
cast  is  counted  for  the  person  receiving  the  same,  and  it  is  hereby 
made  the  duty  of  the  chairman  of  the  annual  school  meeting,  within 
two  days  after  such  meeting,  to  transmit  the  tally  sheets  and  all  ballots, 
in  person  or  by  registered  letter,  to  the  clerk  of  the  county  court ;  such 
ballots  to  be  in  a  sealed  package,  separate  and  apart  from  such  tally 
sheets,  such  package  being  properly  designated.  It  shall  be  the  duty 
of  the  county  clerk,  within  five  days  after  the  annual  school  meeting, 
to  call  to  his  assistance  two  justices  of  the  peace  or  two  qualified 
voters  of  the  county,  and  cast  up  the  vote  and  issue  a  commission  to 
the  person  receiving  the  highest  number  of  votes,  for  which  commis- 
sion he  shall  receive  a  fee  of  one  dollar  to  be  paid  by  the  person  com- 
missioned. A  tie  vote  shall  cause  a  vacancy  in  the  office  of  county 
superintendent,  which  shall  be  filled  by  appointment  by  the  governor, 
and  the  person  so  appointed  shall  hold  such  office  till  the  next  annual 
school  meeting  and  until  his  successor  is  elected  and  qualified.  In 
case  a  school  district  is  divided  by  a  county  line,  the  county  clerk  shall 
transmit  to  the  president  or  clerk  of  the  board  of  directors  of  such 
districts  two  sets  of  tally  sheets,  and  the  voters  residing  on  each  side 
of  the  line  shall  vote  separately  and  returns  shall  be  made  to  each 
county  as  herein  provided.  For  transmitting  the  returns  of  such  elec- 
tion, the  chairman  of  the  annual  meeting  shall  receive  the  sum  of  one 
dollar  to  [be]  paid  out  of  the  incidental  fund  of  the  district.  The  pro- 
visions of  this  act  shall,  so  far  as  practical,  apply  to  village  and  city 
elections  so  far  as  affects  the  election  of  county  superintendent  of 
public  schools  and  so  far  as  not  conflicting  with  existing  laws,  which 
are  sufficient  to  safeguard  such  elections.  Any  person,  upon  whom 
there  is  imposed  an  official  duty  by  this  act,  and  who  shall  violate 
any  of  the  provisions  herein,  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less 
than  fifty  dollars  nor  more  than  five  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  less  than  thirty  days  nor  more  than  six 
months  or  by  both  such  fine  and  imprisonment.  (Session  Acts  1911.) 


Revised  School' Laws.  95 

Sec.  10931.  Superintendent  to  take  oath,  give  bond — keep  office, 
where — county  court  to  furnish  supplies. — Before  entering  upon  the 
duties  of  his  office,  the  county  superintendent  shall  take  and  subscribe 
an  oath  to  discharge  faithfully  and  impartially  the  duties  of  his  office ; 
he  shall  give  bond  in  double  the  amount  of  his  salary,  conditioned  upon 
the  faithful  performance  of  his  official  duties,  and  the  proper  application 
and  care  of  all  moneys,  books,  records,  papers,  furniture  and  other 
property  in  his  possession  or  under  his  control,  with  two  or  more  sureties, 
who  are  resident  freeholders  and  accepted  by  the  county  court  or  by  the 
county  clerk  in  vacation.  He  shall,  keep  his  office  at  the  county  seat, 
or  at  some  other  place  in  the  county  where  a  court  of  record  is  held,  and 
the  county  court,  by  order  of  record,  shall  designate  where  the  super- 
intendent shall  keep  his  office,  and  for  this  purpose  the  county  court 
shall  supply  him  with  a  suitable  room,  properly  furnished,  wherein  all 
records,  books,  papers,  furniture  and  other  property  thereto  belonging 
shall  be  securely  kept ;  and  at  the  expiration  of  his  term  of  office  he  shall 
turn  the  same  over  to  his  successor  in  good  condition ;  and  said  county 
court  shall  supply  the  superintendent  with  all  necessary  record  books, 
stationery  and  postage  stamps  for  properly  conducting  the  business  of 
his  office,  and  shall  allow  all  necessary  printing  of  notices  and  circulars 
of  information,  the  same  to  be  paid  for  by  warrant  drawn  upon  the 
county  treasurer. 

The  county  superintendent  is  primarily  a  "field  man,"  but  he  should  have  fixed 
office  days  when  directors,  patrons  and  teachers  may  easily  find  and  consult  him.  He 
should  keep  accurate  account  of  all  expenditures,  so  that  the  county  court  may  act 
intelligently  in  passing  upon  them.  The  court  cannot  under  the  law  refuse  to  allow 
"necessary"  expenses.  , 

The  county  court  should  make  an  order  of  record  stating  where  the  superintendent 
i-j  to  have  his  office,  whether  at  the  county  seat  or  elsewhere. 

Sec,  10932.  Superintendent's  powers  and  duties. — The  county 
superintendent  shall  have  general  supervision  over  all  the  schools  of  his 
county,  except  in  city,  town  and  village  school  districts  employing  a 
superintendent  who  devotes  at  least  one-half  of  his  time  to  the  direct 
work  of  supervision.  He  shall  visit  each  school  under  his  jurisdiction 
at  least  once  each  year,  and  as  many  other  times  as  practicable ;  he  shall 
examine  the  classification  of  pupils,  the  methods  of  instruction,  the  man- 
ner of  discipline,  the  order  maintained,  the  results  secured,  and  make 
such  suggestions  to  teachers  and  school  boards  as  he  may  deem  advisable ; 
he  shall  inspect  the  ventilation,  note  the  condition  of  the  building,  furni- 
ture, apparatus,  grounds  and  appurtenances  thereto  belonging,  and  re- 
port the  same  to  the  board  in  writing,  with  such  suggestions  as  he  may 
consider  necessary  to  the  health,  comfort  and  progress  of  the  pupils; 
he  shall  examine  the  teacher's  register  and  the  district  clerk's  record  and 
see  that  they  are  kept  according  to  law ;  he  shall  furnish  annually  state- 
ments to  the  district  clerks  showing  the  assessed  valuation  of  their  re- 
spective districts;  he  shall  receive,  and,  if  properly  made,  approve  es- 
timates and  enumeration  lists  and  turn  same  over  to  the  county  clerk ;  he 
shall  assist  the  district  clerks,  when  necessary,  in  making  their  reports, 
and  see  that  all  warrants  have  been  duly  issued  ' '  by  order  of  the  board, ' ' 
either  for  services  actually  rendered  or  for  material  actually  furnished. 


%  Revised  School  Lawn. 

Note — That  part  of  this  section  which  requires  the  superintendent  "to  receive,  and 
if  properly  made,  approve  estimates  and  enumeration  lists,"  seems  to  be  repealed  by 
sections  10790  and  10791,  requiring  the  enumeration  lists  and  estimates  to  be  for- 
warded to  county  clerk,  said  last-named  sections  having  been  passed  and  approved 
several  weeks  after  this  section  was  enacted.  (See  sections  10790  and  10791.)  It  will, 
however,  be  a  matter  of  prudence  for  the  superintendent  to  visit  county  clerk's  office, 
examine  and  endorse  his  written  approval  on  estimates  and  enumeration  lists  when 
he  finds  them  properly  made. 

When  an  estimate  is  incorrect,  it  may  be  withdrawn  from  county  clerk's  office 
before  action  is  taken  thereon  and  a  corrected  estimate  filed  in  lieu  thereof,  on  which 
taxes  may  be  assessed  and  extended.  (This  gives  superintendent  an  opportunity  to  see 
that  proper  estimates  are  filed.)  State  ex  rel.  v.  Phipps,  148  Mo.  31. 

This  section  provides  that  the  superintendent  "shall  receive  and  approve"  esti- 
mates and  enumeration  lists  and  turn  same  over  to  county  clerk.  Sections  10790  and 
10791  require  these,  statements  to  be  filed  with  the  county  clerk,  who  seems  to  have 
prior  authority.  See  note  under  section  10790.  The  superintendent  should  consult  with 
the  county  clerk  and  follow  his  wishes  in  the  matter. 

Sec.  10933.  Public  meetings — course  of  study — grade  schools- 
system  of  graduation  and  examination — guard  school  moneys. — The 

county  superintendent  shall  hold  annually  not  fewer  than  six  public 
meetings  at  different  points  in  the  county  for  the  purpose  of  discussing 
educational  questions,  interpreting  the  school  law,  counseling  with  teach- 
ers and  school  officers,  and  promoting  the  cause  of  education  among  the 
people.  One  of  these  meetings  shall  be  held  at  the  county  seat  just  prior 
to  the  opening  of  the  fall  term  of  school,  and  shall  be  of  two  days' 
duration.  It  shall  be  the  duty  of  directors  and  teachers  to  attend 
meetings  called  by  him  when  such  attendance  does  not  interfere  with 
their  school  duties.  He  shall  adopt  a  course  of  study  and  a  plan  for 
grading  the  schools  of  his  county,  and  forward  three  copies  to  the  state 
superintendent  of  public  schools,  one  copy  to  each  district  clerk  and  one 
copy  to  each  teacher  employed  in  the  county,  and  require  the  same  to  be 
followed  as  nearly  as  practicable.  He  shall  inaugurate  and  maintain  a 
system  of  final  examinations  and  graduation  of  pupils  who  complete  the 
state  course  of  study  for  rural  schools.  He.  shall  examine  the  records  of 
the  county,  so  far  as  they  relate  to  school  funds  and  school  moneys,  see 
that  the  law  is  strictly  observed,  and  shall  be  present  at  the  August  term 
of  the  county  court,  to  give  such  information  as  may  be  of  importance 
to  said  court  in  the  transaction  of  all  business  pertaining  to  the  school  in- 
terests of  the  county;  and  the  instruction  of  the  state  superintendent 
shall  be  his  guide  in  the  interpretation  and  execution  of  the  law. 

The  association,  provided  for  in  section  10934,  is  not  one  of  the  six  meetings  pro- 
vided for  in  this  section. 

Sec.  10934.  County  teachers'  associations. — The  county  superin- 
tendent may  organize  county  teachers'  association,  which  shall  hold  a 
three  days'  meeting  on  the  last  three  days  of  some  week  in  September, 
October,  November  or  December  of  each  year.  He  shall  arrange  a  pro- 
gram.of  exercises  and  secure  the  services  of  some  one  specially  prepared 
to  lecture  on  pedagogical  subjects.  It  shall  be  the  duty  of  the  teacher  to 
attend  all  such  meetings ;  and  when  a  certificate  of  attendance  and  faith- 
ful  performance  of  duty  signed  by  the  county  superintendent  is  filed 
with  the  district  clerk,  the  first  three  days  when  school  is  taught  thereon 


Revised  School  Laivs.  97 

shall  constitute  the  school  week.  The  expenses  of  such  association,  in- 
cluding the  expenses  of  a  lecturer,  shall  be  paid  out  of  the  thirty  per 
cent,  of  the  fees  provided  for  in  section  10940. 

All  arrangements  for  this  association  are  in  the  hands  of  the  county  superin- 
tendent. Neither  he  nor  any  school  board  has  the  authority  to  excuse  a  teacher  from 
attendance  upon  one  of  these  meetings. 

Sec.  10935.  Make  statistical  report  annually— shall  require  re- 
port from  teachers. — It  shall  be  the  duty  of  said  superintendent,  under 
the  direction  of  the  state  superintendent,  to  condense  and  return  to  the 
office  of  the  state  superintendent  of  public  schools,  on  or  before  the  thirty- 
first  day  of  August  of  each  year,  the  educational  statistics  of  the  county ; 
see  that  the  directors  and  other  school  officers  are  supplied  with  copies 
of  the  school  law  and  the  necessary  blanks  for  making  the  various  re- 
ports required,  and  perform  such  other  duties  as  may  be  required  by  the 
state  superintendent.  He  shall  require  of  each  teacher  under  his  super- 
vision a  term  report,  giving  name,  classification  and  grades  of  each  pupil : 
Provided,  that  in  schools  employing  more  than  one  teacher  the  term  re- 
port for  the  entire  school  shall  be  prepared  and  filed  by  the  principal  in 
charge.  No  teacher  shall  receive  the  last  month's  salary  until  he  presents 
a  receipt  for  the  term  report,  signed  by  the  county  superintendent. 

Much  depends  upon  every  teacher  filing  the  term  report  with  the  county  superin- 
tendent. This  section  should  be  strictly  observed. 

Statistics,  to  be  of  any  value,  should  be  accurate.  County  superintendents  should 
require  carefully  prepared  reports  from  district  clerks,  and  should  cast  up  the  total 
for  the  State  Superintendent  with  great  exactness. 

Sec.  10936.  County  superintendent  to  furnish  blanks  to  school 
officers. — All  necessary  blanks  required  by  school  officers  shall  be 
furnished  by  the  state  superintendent  to  the  county  superintendent,  who 
shall  immediately,  upon  the  receipt  of  the  same,  supply  the  clerk  of  each 
district  in  their  respective  counties  with  the  same,  the  form  of  such 
blanks  to  be  determined  and  indicated  by  the  state  superintendent  as 
provided  by  law;  and  all  necessary  expenses  incurred  by  the  superin- 
tendent for  postage  and  stationery  in  supplying  the  districts  of  his 
county  with  blanks,  laws,  reports  and  circulars  of  information  shall  be 
paid  for  annually  out  of  the  county  treasury,  upon  an  order  from  the 
county  court,  based  upon  an  itemized  statement  of  the  superintendent, 
accompanied  by  corresponding  vouchers. 

Blanks  provided  for  under  this  section  are  sent  out  by  the  State  Superintendent  in 
January  or  February  of  each  year.  County  superintendents  should  not  delay  in  send- 
ing them  out  so  that  they  may  be  in  the  hands  of  the  district  clerks  early  in  the  year. 

Sec.  10937.  Superintendent  shall  not  teach — must  study  rural 
school  problems  and  supervision. — During  his  term  of  office  the  county 
superintendent  shall  not  engage  in  teaching  or  in  any  other  employ- 
ment that  interferes  with  the  duties  of  his  office  as  prescribed  by  law. 
He  shall  spend  annually,  studying  rural  school  problems  and  super- 
vision of  schools,  five  days  in  conventions  called  by  the  state  superin- 
tendent of  public  schools,  or  twenty  days  in  the  state  university  or  in  one 
of  the  state  normal  schools,  or  in  some  other  manner  approved  by  the 

SL—7 


98  Revised  School  Laws. 

state  superintendent.  He  shall  not  receive  his  salary  for  the  third 
quarter  of  the  year  until  he  presents  a  certificate,  signed  by  the  state 
superintendent,  stating  that  he  has  spent  the  period  prescribed  by  law 
in  studying  rural  school  problems  and  supervision  of  schools,  and  that 
his  report  as  county  superintendent  of  public  schools  has  been  properly 
made  to  the  state  superintendent  of  public  schools. 

This  section  allows  the  State  Superintendent  to  fix  the  time  and  place  of  the  county 
superintendents'  convention. 

The  county  superintendent  cannot  teach  in  any  school,  public  or  private.  He 
must  devote  his  entire  time  to  the  duties  of  his  office  as  here  prescribed.  An  ouster 
suit  in  the  nature  of  quo  warranto  will  lie  against  the  superintendent  violating  this 
act. 

Sec.  10938.  Salary. — The  county  superintendent  shall  be  allowed 
an  annual  salary,  to  be  paid  out  of  the  county  treasury,  as  follows :  In 
counties  having  less  than  twelve  thousand  population,  he  shall  receive 
seven  hundred  dollars;  in  counties  having  twelve  thousand  population 
and  less  than  fifteen  thousand,  he  shall  receive  eight  hundred  dollars ;  in 
counties  having  fifteen  thousand  population  and  less  than  eighteen  thou- 
sand, he  shall  receive  nine  hundred  dollars ;  in  counties  having  eighteen 
thousand  population  and  less  than  twenty-one  thousand,  he  shall  receive 
one  thousand  dollars ;  in  counties  having  twenty-one  thousand  population 
and  less  than  twenty-four  thousand,  he  shall  receive  eleven  hundred  dol- 
lars ;  in  counties  having  twenty-four  thousand  population  and  less  than 
twenty-seven  thousand,  he  shall  receive  twelve  hundred  dollars ;  in  coun- 
ties having  twenty -seven  thousand  population  and  less  than  thirty  thou- 
sand, he  shall  receive  thirteen  hundred  dollars;  in  counties  having  thirty 
thousand  population  and  less  than  fifty  thousand,  he  shall  receive  four- 
teen hundred  dollars;  in  counties  having  fifty  thousand  population  or 
more,  he  shall  receive  fifteen  hundred  dollars;  of  which  the  state  of 
Missouri  shall  appropriate  annually  out  of  the  general  revenue  fund  of 
the  state  of  Missouri  four  hundred  dollars  to  each  and  every  county. 
At  each  regular  term  of  the  county  court,  said  court  shall  order  a  war- 
rant in  favor  of  the  county  superintendent  for  the  proportional  amount 
of  his  annual  salary  then  due  under  this  section ;  and  the  same  shall  be 
paid  by  the  county  treasurer  out  of  the  county  revenue  fund. 

The  county  superintendent  must  look  to  the  county  for  his  entire  salary,  which 
is  to  be  paid  "by  the  county  treasurer  out  of  the  county  revenue  fund."  Each  county 
receives  $400  annually  from  the  State  to  apply  on  this  salary,  but  the  amount  goes  into 
the  county  treasury,  and  the  superintendent  should  receive  a  warrant  from  the  county 
court  for  the  whole  amount  due  him.  He  is  not  dependent  on  the  State  appropriation, 
which  is  made  to  the  county  and  not  to  him. 

For  finding  the  population  of  a  county  in  order  to  determine  the  salary  of  the 
superintendent  of  such  county,  see  section  10719. 


Jicvised  Schoot  Laws. 


1)0 


ARTICLE  IX. 
SCHOOLS:    Teachers'  Certificates— How  Obtained  or  Revoked. 


10940. 


10941. 


10942. 
10943. 


10944. 


SECTION 

10945.  Revocation  of  certificate. 

10946.  State    board   to    outline   work   of 

institutes  and  summer  schools 
for  colored  teachers — tuition 
fee. 

10947.  Grades  at  summer  terms  of  state 

educational  institutions  to  be 
received  —  grades  to  become 
void,  when. 

10948.  Complimentary    certificates,    etc., 

prohibited. 

10949.  Law    not    to    apply    to    cities    of 

75,000  or  over. 


SECTION 

]0939.  County  superintendents  to  grant 
certificates  —  public  examina- 
tions held,  when — grades  and 
qualifications. 

Grading  of  examination  papers 
by  state  superintendent  of  pub- 
lic schools. 

Qualifications  necessary  for  cer- 
tificates. 

Renewal  of  certificates. 

County  superintendent  to  pass  on 
morality  of  applicants — to  keep 
grades  and  record  of  certifi- 
cates— may  endorse  certificate 
from  adjoining  county. 

Applicants  to  pay  fee — fees  re- 
ceived to  be  used  to  pay  ex- 
penses— superintendent  to  make 
annual  statement  of  fees  col- 
lected and  expended. 

Section  10939.  County  superintendents  to  grant  certificates— public 
examinations  held,  when — grades  and  qualifications. — The  county  su- 
perintendent of  public  schools  shall  have  authority  to  examine  teachers 
and  grant  certificates  of  qualification  to  teach  in  their  respective  coun- 
ties or  in  the  state.  Three  public  examinations  of  two  days  each  shall 
be  held  during  the  year  on  the  first  Friday  and  the  succeeding  Satur- 
day in  March,  June  and  August,  at  such  place  or  places  in  the  county 
as  the  county  superintendent  of  schools  may  designate.  Said  examina- 
tions shall  be  conducted  by  said  county  superintendent  of  public 
schools,  or  by  some  one  duly  authorized  by  him  to  conduct  them.  All 
questions  given  in  said  examinations  shall  be  prepared  and  furnished 
by  the  state  superintendent  of  public  schools.  Certificates  issued  by 
said  county  superintendent  of  public  schools  shall  be  of  three  grades : 
Third  grade  shall  be  valid  for  one  year  and  second  grade  for  two  years 
in  the  county  for  which  they  are  issued,  and  first  grade  for  three 
years  in  the  state.  Third  grade  certificates  shall  be  granted  to  appli- 
cants who  are  of  good  moral  character  and  who  shall  pass  satisfactory 
examinations  upon  the  following  branches:  Spelling,  reading,  pen- 
manship, language  lessons,  geography,  arithmetic  (including  business 
forms  and  rules),  English  grammar,  United  States  history,  civil  gov- 
ernment (including  the  government  of  Missouri),  physiology  and 
hygiene,  with  special  reference  to  the  effect  of  alcoholic  drinks  and 
stimulants  and  narcotics  generally  upon  the  human  system,  agriculture, 
and  pedagogy.  Second  grade  certificates  shall  be  granted  to  appli- 
cants who  are  of  good  moral  character  and  who  shall  pass  satisfactory 
examinations  upon  the  branches  hereinbefore  mentioned,  and  in  ad- 
dition thereto,  algebra  and  literature.  First  grade  certificates  shall 
be  granted  to  applicants  who  are  of  good  moral  character  and  who 


100  Revised  School  Laws. 

shall  pass  satisfactory  examinations  upon  all  the  branches  hereinbefore 
mentioned,  and  in  addition  thereto  one  branch  of  history,  either 
ancient,  mediaeval  or  modern,  or  English,  and  one  branch  of  science, 
either  physical  geography,  physics,  or  elementary  biology:  Provided, 
that  in  addition  to  the  above  named  scholastic  requirements  each  ap- 
plicant who  has  had  four  months'  experience  in  teaching  shall  be 
graded  by  the  county  superintendent  on  the  following  professional 
qualities:  Teaching  ability  and  management.  Each  applicant  shall 
be  graded  on  these  professional  qualities  at  the  time  of  each  renewal  of 
certificate  and  each  issue  of  a  new  certificate :  Provided,  that  to  obtain 
a  first  grade  certificate  -each  applicant  shall  have  had  eight  months' 
experience  in  teaching  and  shall  maintain  an  average  grade  of  90  per 
cent  on  the  above  named  scholastic  requirements,  together  with  the 
above  named  professional  requirements ;  to  obtain  a  second  grade  cer- 
tificate an  average  grade  of  85  per  cent  on  the  aforesaid  requirements; 
to  obtain  a  third  grade  certificate  an  average  grade  of  80  per  cent  on 
aforesaid  requirements,  but  no  certificate  shall  be  granted  to  any  per- 
son whose  grade  in  any  subject  falls  below  sixty  per  cent :  Provided, 
that  the  county  superintendent  of  public  schools  shall  have  authority 
to  prepare  questions,  conduct  examinations,  grade  papers  and  issue 
certificates  to  applicants  who  for  good  and  sufficient  reasons  could 
not  attend  the  last  regular  examination.  Said  applicants  to  conform 
to  all  requirements  for  that  grade  county  certificate.  Said  certificate 
to  be  good  only  until  the  end  of  the  school  year  in  which  it  is  issued, 
and  the  papers  written  on  said  examination  to  be  filed  by  said  county 
superintendent  of  schools  in  his  office  where  they  shall  be  kept  for  a 
period  of  at  least  one  year  after  the  date  upon  which  they  were 
written. 

(See  notes  on  interpretation  of  the  certification  law  at  the  end  of  this  article.) 

Section  10940.  Grading  of  examination  papers  by  state  superin- 
tendent of  public  schools. — The  county  superintendent  of  public  schools 
shall  in  accordance  with  a  system  prepared  and  submitted  by  the  state 
superintendent  of  public  schools  give  each  applicant  writing  in  the  ex- 
amination a  number  by  which  number  alone  the  papers  of  said  appli- 
cant shall  be  marked  and  designated.  Said  county  superintendent 
shall  keep  an  accurate  record  of  the  number  given  to  each  applicant. 
Within  three  days  after  the  close  of  each  regular  examination,  the 
county  superintendent  of  public  schools  shall  forward  to  the  state 
superintendent,  by  express  or  registered  mail,  all  the  papers  of  all 
applicants  for  first  grade  certificates  and  of  all  other  applicants  who 
shall  request  their  papers  to  be  sent  to  the  state  superintendent.  Said 
state  superintendent  of  public  schools  shall  carefully  grade  all  papers, 
keep  a  record  of  said  grades,  certify  them  to  the  county  superintend- 
ent of  the  county  in  which  said  papers  were  written,  and  also  return 
said  papers  to  said  county  superintendent  of  public  schools,  who  shall 
preserve  them  among  the  records  of  his  office  for  at  least  one  year  after 
the  date  of  the  examination  at  which  they  were  written. 

Section  10941.  Qualifications  necessary  for  certificates. — No  per- 
son shall  be  granted  a  license  to  teach  in  the  public  schools  of  this 


Revised  School  Kaws.^       i^"  -  ^J'^J"  -Vj  101. 

state  who  is  not  of  good  moral  character.  From  and  after  September 
1,  1912,  all  applicants  for  first  or  second  grade  certificates  to  teach 
must  present  evidence  of  having  completed  the  first  year's  work  of 
a  classified  or  accredited  high  school  as  defined  in  section  10923,  E.  S. 
Mo.  1909,  or  its  equivalent.  From  and  after  September  1,  1914,  all 
applicants  for  first  or  second  grade  certificates  must  present  evidence 
of  having  completed  two  years  of  such  work,  or  its  equivalent.  From 
and  after  September  1,  1916,  all  applicants  for  first  or  second  grade 
certificates  must  present  evidence  of  having  completed  three  years 
of  such  work,  or  its  equivalent.  From  and  after  September  1,  1918, 
all  applicants  for  first  or  second  grade  certificates  must  present  evi- 
dence of  having  completed  four  years  of  such  work,  or  its  equivalent. 
"The  high  school  work  herein  required  may  be  done  in  any  public, 
private,  or  parochial  school,  or  private  study,  and  satisfactory  evidence 
thereof  presented  by  the  written  statements  of  parties  who  have  per- 
sonal knowledge  that  such  work  has  been  done,  or  by  passing  a  satis- 
factory examination  on  the  subjects  for  which  credit  is  claimed  and 
which  are  not  required  in  the  examination  prescribed  by  section  10939 
of  this  article : ' '  Provided,  that  .provisions  of  this  section  shall  not 
apply  to  any  person  who  holds  a  certificate  entitling  him  to  teach  in 
the  schools  of  Missouri  at  the  time  of  the  taking  effect  of  this  act. 

Section  10942.  Renewal  of  certificates. — A  third  grade  certificate 
may  be  granted  to  any  one  person  in  but  four  consecutive  years.  A 
second  grade  certificate  shall  be  renewed  without  examination  once. 
A  first  grade  certificate  an  unlimited  number  of  times :  Provided,  that 
the  holder  shall  give  satisfactory  evidence  to  county  superintendent 
of  public  schools  that  certain  professional  work  prescribed  by  state 
superintendent  at  the  time  of  the  issuing  of  former  renewal  of  the 
certificate  has  been  complied  with:  " Provided,  that  any  teacher  who 
has  had  five  years'  experience  in  teaching  and  is  employed  as  a  teacher 
at  the  time  of  the  taking  effect  of  this  act  shall  have  his  or  her  county 
certificate  renewed  an  unlimited  number  of  times,  on  condition  that 
said  teacher  continues  in  the  same  position  and  is  faithful  in  the 
performance  of  his  or  her  professional  duties." 

Section  10943.  County  superintendent  to  pass  on  morality  of  ap- 
plicants— to  keep  grades  and  record  of  certificates — may  endorse  cer- 
tificate from  adjoining1  county. — The  county  superintendent  of  public 
schools  shall  pass  upon  the  moral  character  and  requirements,  other 
than  scholastic  as  shown  by  the  papers  written,  of  all  applicants  for 
certificates  to  teach  in  the  schools  under  his  jurisdiction,  and  he  shall 
grade  each  applicant  who  has  had  four  months'  experience  in  teaching 
on  teaching  ability  and  management.  The  grades  on  these  two  pro- 
fessional requirements  shall  be  averaged  with  the  grades  on  the 
scholastic  branches  required  in  section  10939.  The  county  superin- 
tendent shall  keep  a  true  record  of  all  grades  made  by  all  applicants 
in  examinations  conducted  by  him  as  certified  to  him  by  the  state 
superintendent,  and  also  as  graded  by  himself,  and  also  a  record  of 
all  certificates  granted,  renewed  or  revoked,  said  record  exhibiting 
the  number  granted,  date,  grade  and  length  of  time  for  which  each 
certificate  was  issued,  and  the  name,  age,  sex,  and  nativity  of  the 


102    \  :  Revised  School  Laws. 

person  receiving  the  same,  and  deliver  the  same  to  his  successor  in 
office.  Any  applicant  may  raise  the  grade  of  his  certificate  by  meet- 
ing the  additional  requirements  prescribed  for  such  higher  grade  of 
certificate,  and  any  or  all  grades  on  a  valid  third  grade  certificate  may 
be  used  on  a  second  grade  certificate:  Provided,  that  the  county  su- 
perintendent may  endorse  without  examination  second  grade  certif- 
icates from  adjoining  counties,  on  the  payment  of  a  fee  of  one  dollar 
and  fifty  cents. 

Section  10944.  Applicants  to  pay  fee — fees  received  to  be  used  to 
pay  expenses — superintendent  to  make  annual  statement  of  fees  col- 
lected and  expended. — Every  applicant  for  a  certificate  shall  pay  to 
the  county  superintendent  of  public  schools  a  fee  of  three  dollars,  which 
shall  entitle  him  to  take  any  and  all  examinations  given  in  any  cal- 
endar year.  Every  applicant  for  a  renewal  of  his  certificate  shall  pay 
a  fee  of  one  dollar  and  fifty  cents.  The  fees  so  collected  shall  be  used 
for  the  payment  of  the  expenses  of  teachers'  associations  and  teachers' 
meetings  authorized  by  this  chapter — at  least  thirty  per  cent  being  set 
apart  and  used  for  this  purpose — and  for  the  expenses  incident  to  the 
grading  of  papers  and  issuing  certificates  of  applicants  for  license 
to  teach.  The  county  superintendent  of  public  schools  shall  remit  to 
the  state  superintendent  five  cents  for  each  subject  written  by  each 
applicant,  whose  papers  are  sent  to  the  state  superintendent  of  schools. 
The  fees,  received  in  this  manner  by  the  state  superintendent  of  public 
schools,  shall  be  used  to  pay  the  compensation  of  such  assistants  as 
may  be  necessary  to  examine  and  grade  all  such  papers,  and  to  pay 
other  expenses  incident  to  the  grading  of  the  papers  submitted  and 
recording  and  certifying  said  grades.  The  state  superintendent  of 
public  schools  is  hereby  empowered  to  appoint  and  pay  such  assistants 
as  he  may  need  for  the  examining  and  grading  of  all  such  papers  sub- 
mitted, and  he  shall  also  keep  an  accurate  account  of  all  moneys  re- 
ceived and  disbursed  by  him  in  carrying  out  the  provisions  of  this  act. 
Any  balance  remaining  in  said  fund  shall  be  turned  into  the  general 
revenue  fund  of  the  state  by  said  state  superintendent  of  public 
schools  on  the  first  day  of  December  of  each  calendar  year.  The 
county  superintendent  of  public  schools  shall  make  report  of  all  fees 
collected,  all  amounts  expended  for  teachers'  associations  and  meet- 
ings and  for  all  amounts  remitted  to  the  state  superintendent,  to  the 
county  court  at  its  regular  meeting  in  February  of  each  year. 

Section  10945.  Revocation  of  certificate. — The  county  superin- 
tendent may  revoke,  upon  satisfactory  proof,  any  county  certificate  for 
incompetency,  immorality,  neglect  of  duty,  or  the  annulling  of  writ- 
ten contracts  with  the  board  of  directors  without  the  consent  of  the 
majority  of  the  members  of  the  board  which  is  a  party  to  such  con- 
tract. All  charges  must  be  preferred  in  writing  and  signed  by  the 
party  or  parties  filing  the  accusation,  and  the  teacher  must  be  given 
due  notice  and  opportunity  to  be  heard.  In  case  any  person  holding 
a  certificate  issued  by  the  state  superintendent,  the  board  of  curators 
of  the  state  university,  or  the  board  of  regents  of  any  normal  school, 
shall  be  charged  as  above,  then  it  shall  be  the  duty  of  the  county  su- 
perintendent in  the  county  where  the  offense  is  alleged  to  have  been 


Revised  Schoel  Laws.  103 

committed  to  notify  ^  in  writing,  the  person  or  board  issuing  such 
certificate,  and  such  person  or  board  shall  proceed  as  hereinabove  pro- 
vided for  the  revocation  of  such  certificate. 

Section  10946.  State  board  to  outline  work  of  institutes  and -sum- 
mer schools  for  colored  teachers — tuition  fee. — The  state  board  of  edu- 
cation shall  prepare — or  cause  to  be  prepared — outlines  of  work  to 
be  done  in  institutes  for  colored  teachers,  and  outlines  for  minimum 
requirements  for  work  done  in  approved  summer  schools  and  accepted 
on  county  certificates  as  provided  in  section  10947.  It  shall  also  estab- 
lish ten  or  more  institutes  for  colored  teachers,  appoint  instructors 
and  make  all  rules  and  regulations  therefor.  Grades  made  by  colored 
teachers  in  said  (said)  institutes  shall  be  accepted  by  county  super- 
intendents in  lieu  of  examinations  in  subjects  or  parts  of  subjects 
covered  by  the  work  of  the  institute.  A  tuition  fee  of  not  to  exceed 
two  dollars  may  be  charged  to  maintain  such  institute  for  colored 
teachers. 

Section  10947.  Grades  at  summer  terms  of  state  educational  in- 
stitutions to  be  received — grades  to  become  void,  when. — Grades  made 
in  the  summer  terms  of  the  state  educational  institutions,  and  in  such 
other  schools  as  may  be  approved  by  the  state  board  of  education, 
obtained  under  conditions  conforming  to  the  requirements  prescribed 
by  the  state  board  of  education  shall  be  accepted  by  the  state  superin- 
tendent in  lieu  of  examinations  on  the  several  subjects  required  for 
county  certificates  and  shall  be  certified  by  the  state  superintendent  of 
public  schools  to.  the  county  superintendent  of  the  county  in  which  the 
certificate  is  to  be  issued.  Grades  made  in  an  examination  conducted 
in  any  county  in  the  state  in  accordance  with  the  provisions  of  this 
article  shall  be  good  in  any  other  county  in  the  state  when  the  papers 
have  been  graded  by  the  state  superintendent  of  public  schools  and  the 
grades  properly  certified  by  him.  Grades  made  under  the  provisions 
of  this  article  shall  become  void  if  the  holder  thereof  shall  have 
ceased  to  be  engaged  in  active  educational  work  as  a  teacher,  a  student 
in  school,  a  supervisor  or  administrator  in  school  work,  for  a  period 
of  two  consecutive  years. 

Section  10948.  Complimentary  certificates,  etc.,  prohibited. — Any 
county  superintendent  of  public  schools,  members  of  board  of  examin- 
ers, or  instructor  in  any  institute  or  approved  summer  school  who  shall 
grant  complimentary  certificates  or  grades,  or  certificates  and  grades 
except  in  accordance  with  the  provisions  of  this  article  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  not  to  exceed  five  hundred  dollars. 

Section  10949.  Law  not  to  apply  to  cities  of  75,000  or  over. — This 
article  shall  not  apply  to  cities  having  or  hereafter  attaining  a  popu- 
lation of  75,000  or  more.  This  act  shall  take  effect  and  be  in  force 
on  and  after  Jan[uary]  1,  1912.  (Session  Acts  1911.) 

County  certificates  issued  prior  to  January  1,  1912,  are  not  subject  to  renewal 
after  that  date,  but  are  valid  only  for  the  life  of  the  certificate,  since  at  that  date 
section  10942,  R.  S.  1909,  ceases  to  be  a  law,  and  there  is  thereafter  no  authority  for 
the  renewal  of  such  certificates,  except  that  section  10942,  session  acts  1911,  provides 
"that  any  teacher  who  has  had  five  years'  experience  in  teaching  and  is  employed  as  a 


104 


Revised  School  Laws. 


teacher  at  the  time  of  the  taking  effect  of  this  act  shall  have  his  or  her  county  cer- 
tificate renewed  an  unlimited  number  of  times  on  condition  that  said  teacher  con- 
tinues in  the  same  position  (in  the  employment  of  the  same  board)  and  is  faithful 
in  the  performance  of  his  or  her  professional  duties." 

All  county  certificates  issued  prior  to  January  1,  1912,  are  valid  only  in  the 
county  in  which  issued  and  cannot  be  endorsed  in  other  counties. 

Under  the  session  acts,  1911,  county  superintendents  have  authority  to  endorse 
only  second  grade  certificates,  issued  after  January  1,  1912,  section  10943. 

All  grades  on  a  valid  third  grade  certificate  may  be  transferred  to  a  second  grade 
certificate.  Sec.  10943. 

All  scholastic  grades  for  a  first  grade  certificate  must  be  certified  from  the  office 
-of  the  state  superintendent  of  schools.  Grades  from  a  second  or  third  grade  certificate 
cannot  be  transferred  to  a  first  grade  certificate,  unless  the  papers  for  said  certificates 
were  graded  by  the  state. superintendent  or  were  made  in  an  approved  summer  school. 

According  to  section  10947,  all  grades  made  on  papers  graded  by  the  state  super- 
intendent are  valid  in  any  county  in  the  state,  when  properly  certified  from  the  office 
of  the  state  superintendent  of  schools. 

In  the  session  acts,  1911,  there  is  no  provision  for  the  transfer  of  grades  from 
a  certificate  issued  prior  to  January  1,  1912,  to  one  issued  after  that  date. 


ARTICLE  X. 


COUNTY  TEXT-BOOK   COMMISSION. 


SECTION 

10951.  Text-book         commission  — ^  how 

composed — who  not  eligible. 

10952.  Meeting  of — salary — how  paid. 

10953.  Shall   adopt  books   from   author- 

ized lists. 

10954.  Publisher   to    submit   publication 

with  price  list. 

10955.  Publisher   to   pay      filing    fees — 

fund,  how  used. 

10956.  Bond  to  be  given  by  publisher. 

10957.  When  liable  upon  bond. 

10958.  Superintendent  of  schools  to  fur- 

nish   lists    to    county    commis- 
sion. 

10959.  Duty    of    publisher    when    books 

are  adopted. 

10960.  Adopted    books    to    be    used    ex- 

clusively. 

10961.  Changes — how    made. 


SECTION 

10962.  What  to  be  considered  in  select- 

ing. 

10963.  Profit  of  dealer  shall  not  exceed 

fifteen  per  cent. 

10964.  Exchange    price. 

10965.  Penalty    for    using    other     than 

adopted  books. 

10966.  -Supplementary  books. 

10967.  Indigent  pupils,  how  supplied. 

10968.  Certain     cities  —  may     adopt  — 

how. 

10969.  Publisher  to  make  certain  state- 

ment. 

10970.  Publisher  to  show  ownership  of 

publishing  house. 

10971.  Unlawful     combination     to     con- 

trol   prices — contract    forfeited. 

10972.  Penalty    for    selling    without    li- 

cense. 

10973.  Bribery — penalty. 


Sec.  10951.  Text-book  commission — haw  composed — who  not 
eligible. — There  is  hereby  created  a  county  school  text-book  commis- 
sion, which  shall  be  the  county  board  of  education,  in  all  counties  in 
which  such  a  board  exists.  In  counties  where  there  is  no  county  board 
of  education  the  school  text-book  commission  shall  consist  of  the  county 
superintendent  of  schools  and  two  teachers,  who  shall  be  selected  in  the 
same  manner  and  at  the  same  time  as  the  two  members  of  the  county 
board  of  edcuation  that  are  appointed  in  those  counties  that  have  a 
county  commissioner  of  schools :  Provided,  that  no  person  shall  be  ap- 
pointed to  serve  on  the  said  commission  who  has  been  in  the  employ,  as  a 
traveling  salesman  or  otherwise,  in  this  state,  of  any  publisher  of  school 
text-books  within  the  period  of  two  years  prior  to  this  article.  Vacancies 


Revised  School  Laws.  105 

on  the  commission  resulting  from  death,  resignation,  removal  from  the 
county,  disqualification,  or  otherwise,  shall  be  filled  as  prescribed  by  law. 
A  majority  of  the  commission  shall  constitute  a  quorum  for  the  transac- 
tion of  all  business  of  the  commission. 

Section  9957  of  the  Revised  Statutes  of  1899  provided  for  the  appointment  of  the 
county  board  of  education.  County  text-book  commissions  are  appointed,  as  were 
county  boards  of  education  under  that  section ;  i.  e.,  the  State  Board  of  Education  ap- 
points one  member  and  the  county  court  one.  The  implied  repeal  of  this  section  by 
the  law  establishing  county  supervision  does  not  affect  the  niethod  of  appointing  the 
text-book  commission.  Appointed  members  must  be  teachers,  and  they  will  serve  for 
two  years.  A  vacancy  is  filled  by  the  power  appointing  the  member  whose  place 
becomes  vacant.  The  spirit  of  the  law  prohibits  the  appointment  of  any  one  who  has 
been  in  the  employ  of  a  text-book  publisher  since  June  14,  1905. 

Sec.  10952.  Meeting  of — salary — how  paid. — The  county  text- 
book commission  shall  meet  at  the  county  seat  to  organize  within  thirty 
days  from  the  date  of  the  taking  effect  of  this  article.  The  county  super- 
intendent shall  be  ex  officio  president  of  the  commission,  and  a  secretary 
shall  be  elected  from  its  own  membership.  Said  commission  shall  meet 
annually  thereafter,  and  special  meetings  may  be  called  by  the  president, 
or  oh  the  written  request  of  the  other  two  members.  The  president  shall 
preside  at  all  meetings  of  the  commission,  and  the  secretary  shall  keep  the 
records  of  the  meetings,  and  all  contracts  shall  be  signed  by  both  the 
president  and  secretary.  Members  of  said  commission  that  do  not  re- 
ceive an  annual  salary  from  the  county  shall  receive  five  dollars  per  day 
for  their  services,  with  such  additional  amount  as  shall  be  necessary  to 
cover  their  actual  traveling  expenses :  Provided,  that  they  shall  receive 
pay  for  not  to  exceed  six  days  in  any  one  year,  the  same  to  be  audited 
and  paid  by  the  county  court. 

The  first  meeting  of  the  commission  is  the  only  one  required  by  the  law  to  be  held 
at  the  county  seat. 

The  commission  must  meet  annually,  but  except  when  adoptions  are  to  be  made 
it  should  not  be  in  session  more  than  one  day.  If  two  members  sign  a  request  to  the 
president  asking  that  a  meeting  be  called,  he  has  no  option  in  the  matter,  but  must 
call  same. 

County  superintendents  are  not  entitled  to  salary  for  serving  on  the  text-book 
commission. 

Sec.  10953.  Shall  adopt  books  from  authorized  lists. — Said  com- 
mission shall  adopt  from  the  authorized  state  list,  as  hereinafter  pro- 
vided, a  uniform  series  of  text-books  for  use  in  the  schools  of  all  the  dis- 
tricts of  the  county,  except  that  in  cities  having  more  than  one  thousand 
children  of  school  age,  as  shown  by  the  last  enumeration,  and  in  towns 
having  high  schools  affiliated  with  the  state  university,  the  board  of  di- 
rectors of  said  cities  and  said  towns  may  select  from  the  aforesaid  list 
such  books  as  in  their  opinion  are  best  suited  to  the  local  conditions,  and 
may  contract  for  the  same. 

Unless  the  board  of  directors  in  the  cities  and  towns  included  in  the  provisions 
of  section  10953  select  books  from  the  authorized  state  list,  their  respective  schools 
must  use  the  books  adopted  by  the  county  text-book  commission.  Section  10968  also 
requires  the  boards  to  take  some  affirmative  action  if  they  do  not  accept  the  county 
adoptions. 

Boards  of  directors  must  select  books  from  those  on  the  state  list,  or  they  must 
use  the  books  adopted  by  the  county  commissions.  They  may  contract  for  theae 


106  Revised  School  Laws. 

books  for  a  period  of  five  years,  acting  in  accordance  with  the  provisions  of  section 
10968. 

The  "authorized  state  list"  means  the  list  of  all  the  books  filed  with  the  state 
superintendent  by  publishers  who  have  complied  with  all  the  provisions  of  the  law. 

A  school  losing  its  classification  as  a  high  school  must  use  the  books  adopted  by 
the  county  commission,  even  though  while  on  the  approved  list  it  contracted  for  other 
books  for  a  period  of  five  years.  A  school  becomes  exempt  from  the  county  adoptions 
and  has  power  to  select  and  contract  for  its  own  books  immediately  upon  its  high 
school  being  classified  or  when  the  city  in  which  it  is  located  enumerates  1,000 
children  of  school  age,  regardless  of  its  being  included  in  the  county  contract. 

Sec.  10954.  Publisher  to  submit  publication  with  price  list. — Be- 
fore the  publisher  of  any  school  text-book  shall  offer  the  same  for  sale 
to  any  county  text-book  commission  or  board  of  school  directors  in  the 
state  of  Missouri,  said  publisher  shall  file  a  copy  of  said  text -book  in  the 
office  of  the  state  superintendent  of  public  schools  with  a  sworn  statement 
of  the  list  price  and  the  lowest  net  price  at  which  said  book  is  sold  any- 
where in  the  United  States  under  like  conditions  of  distribution.  Said 
publisher  shall  file  with  the  state  superintendent  a  written  agreement 
to  furnish  said  book  or  books  to  the  county  text-book  commissions  or 
boards  of  directors  of  Missouri  at  the  price  so  filed.  Said  publisher 
must  further  agree  to  reduce  such  prices  in  Missouri  if  reductions  are 
made  elsewhere  in  tha  country,  so  that  at  no  time  may  any  book  be  sold 
in  Missouri  at  a  higher  price  than  is  received  for  the  same  book  else- 
where in  the  country  where  *like  methods  of  distribution  prevail.  Said 
publisher  shall  further  agree  that  all  books  offered  for  sale  in  Missouri 
shall  be  equal  in  quality  to  those  deposited  in  the  office  of  the  state  su- 
perintendent as  regards  paper,  binding,  print,  illustration  and  all  points 
that  may  affect  the  value  of  said  books. 

Sec.  10955.  Publisher  to  pay  filing  fees — fund,  how  used. — Be- 
fore the  publisher  of  any  school  text-book  shall  offer  the  same  for  sale  to 
any  county  school  text-book  commission  or  board  of  school  directors  in 
the  state  of  Missouri,  and  at  the  time  of  the  filing  of  such  text-book  in  the 
office  of  state  superintendent  of  public  schools,  said  publisher  shall  pay 
into  the  treasury  of  the  state  of  Missouri  a  filing  fee  of  ten  dollars  for 
each  book  offered  by  said  publisher.  A  series  of  books  by  the  same  au- 
thor and  upon  the  same  subject  shall  constitute  one  book  for  this  pur- 
pose. The  fees  thus  received  shall  constitute  a  fund  out  of  which  upon 
requisition  made  by  the  state  superintendent  of  public  schools  shall  be 
paid  the  expenses  of  publishing  lists  and  other  information  for  the  use  of 
the  county  school  text-book  commissions,  clerk  hire  and  other  necessary 
expenses  in  connection  with  the  filing  of  all  text-books  submitted  for 
adoption  in  the  state  of  Missouri.  Any  balance  remaining  in  such  fund 
shall  be,  upon  the  first  of  January  of  each  year,  placed  to  the  credit  of 
the  general  revenue  fund  of  the  state. 

Before  offering  a  book  to  the  county  commission  for  adoption  the  publisher  must 
do  ten  things  : 

1.  File  a  copy  of  the  book  to  be  offered  with  the  state  superintendent  of  public 
schools. 

2.  File   a   sworn    statement   of   the   list  price  and   the   lowest  net  price   at  which 
said  book  is  sold  anywhere  in  the  United   States  under  like  conditions  of  distribution. 

3.  File  an  agreement  to  sell  the  book  at  the  price  filed. 


"  Revised  School  Laws.  107 

4.  File   an   agreement  to  sell   such   book  in   Missouri   at  no   higher  price   than   is 
charged  elsewhere  in  the  United  States  under  like  conditions,  and  to  reduce  the  price 
of  such  book  in  Missoui-i  when  it  is  reduced  elsewhere. 

5.  File   an  agreement  that  all  books  offered  for  sale   in  Missouri  shall   be  equal 
la  quality  to  those  deposited  in  the  office  of  the  state  superintendent. 

6.  Pay  a  filing  fee  of  ten  dollars  on  every  book  filed. 

7.  Execute  a  bond  to  insure  compliance  with  the  above  agreements. 

8.  Furnish  county  text-book  commissions  a  list  of  the  books  and  prices  filed  with 
the  state  superintendent. 

9.  File  sworn  statement  that  he  has  entered  into  no  agreement  to  control  prices 
or  to  restrict  competition  in  the  sale  of  books.     (Sec.  10969.) 

10.  File    sworn    statement,    showing    ownership    of    publishing    house,    and    what 
interest  or  shares  the  owners  hold  in  any  other  publishing  house.      (Sec.   10970.) 

Sec.  10956.  Bond  to  be  given  by  publisher. — To  insure  compliance 
with  the  aforesaid  conditions  under  which  school  text-books  may  be  sold 
in  the  state  of  Missouri,  said  publisher  shall  file  with  the  state  superin- 
tendent a  bond  of  not  less  than  two  thousand  dollars  nor  more  than  ten 
thousand  dollars,  said  bond  to  be  approved  by  the 'state  superintendent 
and  the  amount  to  be  fixed  by  him ;  upon  compliance  with  this  and  the 
preceding  section,  said  publisher  shall  thereupon  be  licensed  to  sell  school 
books  in  this  state. 

Comments  under  sections  10954   and   10955   show  the  ten  things  required  of  pub- 
lishers before  being  licensed  to  sell  school  books  in  this  state. 

Sec.  10957.  When  liable  upon  bond. — If  in  any  case  said  pub- 
lisher shall  furnish  books  inferior  in  any  particular  to  the  samples  on 
file  with  the  state  superintendent,  or  shall  require  higher  prices  than 
those  listed  with  the  state  superintendent,  then  it  shall  become  the  duty 
of  the  county  text-book  commission,  or  board  of  directors,  to  inform  the 
state  superintendent  of  the  failure  of  said  publisher  to  comply  with  the 
terms  of  his  contract.  The  state  superintendent  shall  thereupon  notify 
the  publisher  of  said  complaint,  and.  if  said  publisher  shall  disregard 
the  notification  and  fail  to  immediately  comply  with  the  terms  of  his 
contract,  then  the  state  superintendent  shall  institute  legal  proceedings 
for  the  forfeiture  of  the  bond  of  said  publisher. 

Sec.  10958.  Superintendent  of  schools  to  furnish  lists  to  county 
commission. — During  the  month  of  April,  1907,  and  thereafter  an- 
nually, during  the  month  of  January,  it  shall  be  the  duty  of  the  state  su- 
perintendent to  furnish  each  county  superintendent  with  a  list  of  pub- 
lishers who  shall  have  conformed  to  the  requirements  hereinbefore  set 
forth  relating  to  sample  books,  prices  and  bond. 

Sec.  10959.  Duty  of  publisher  when  books  are  adopted. — Before 
seeking  to  enter  into  contract  with  any  county  text-book  commission,  or 
board  of  directors,  for  the  schools  covered  by  this  article,  the  publisher 
shall  furnish  the  county  superintendent  or  secretary  of  the  board  of 
directors  with  a  duplicate  printed  list  of  the  books  and  prices  filed  with 
the  state  superintendent.  When  any  book  or  series  of  books  in  such  list 
shall  have  been  adopted  by  the  county  commission  or  by  any  board  of 
directors  in  said  county,  it  shall  be  the  duty  of  said  publisher  of  said 
book  or  books  to  furnish  each  county  superintendent  with  a  sample  of  the 
same,  to  remain  in  the  office  of  said  county  superintendent,  and  to  be  the 
property  of  said  county. 


108  Revised  School  Laws. 

The  copies  filed  with  the  county  superintendents  should  be  carefully  preserved. 
They  must  be  equal  in  quality  to  those  on  file  in  the  omce  of  the  state  superintendent, 
and  will  allow  county  text-book  commissions  to  have  samples  available  for  comparison 
in  order  that  they  may  see  that  the  provisions  of  the  law  are  carried  out  The  books 
are  "the  property  of  the  county,"  and  are  to  be  carefully  preserved  and  turned  over  to 
the  next  superintendent,  the  same  as  other  papers,  books  and  files  of  the  office. 

Sec.  10960.  Adopted  books  to  be  used  exclusively.— The  county 
text-book  commissions  are  hereby  empowered  to  adopt  text-books  for  all 
subjects  that  may  be  taught  in  the  public  schools  of  their  respective 
counties,  and  to  enter  into  contract  for  the  same  for  a  period  of  five 
years  in  the  manner  hereinafter  provided.  All  books  adopted  by  the 
county  commission  shall  be  used  exclusively  in  the  schools  of  the  county, 
except  in  such  towns  and  cities'  as  are  exempt  in  section  10953 ;  and, 
further,  except  that  all  books  introduced  into  the  public  schools  since 
May  1,  1905,  either  through  the  action  of  boards  of  directors  or  on  the 
recommendation  of  county  superintendents  or  county  boards  of  educa- 
tion, may  be  continued  in  use  for  a  period  of  five  years  from  the  date  of 
the  introduction  of  said  books:  Provided,  that  the  publishers  of  said 
books  shall  comply  with  all  the  requirements  of  sections  10954  and  10956 
prior  to  August  1,  1907. 

Sec.  10961.  Changes — how  made. — Said  commissions  shall  make 
no  changes  until  they  shall  have  advertised  for  bids  for  at  least  two  suc- 
cessive weeks  in  one  or  more-  county  papers,  and  the  adoption  of  such 
books  shall  not  be  made  until  the  expiration  of  at  least  fourteen  days 
from  the  date  at  which  such  advertisement  first  appeared.  Such  adver- 
tisement shall  specify  subjects  in  which  changes  will  be  considered  and 
the  probable  number  of  books  of  each  kind  required. 

Sec.  10962.  What  to  be  considered  in  selecting. — In  selecting 
books  the  text-book  commission  shall  carefully  consider  the  price,  char- 
acter of  the  subject  matter,  binding,  illustrations,  print  and  paper,  the 
adaptability  to  local  conditions,  and  all  points  that  affect  the  value  of  the 
book. 

Sec.  10963.  Profit  of  dealer  shall  not  exceed  fifteen  per  cent.— 
In  all  counties  where  the  county  court  does  not  elect  to  purchase  text- 
books and  sell  the  same  to  pupils  at  cost,  as  hereinafter  provided,  the 
publisher  making  contracts  under  this  article  shall  sell  and  furnish  to  all 
dealers  or  merchants  of  said  county,  or  to  dealers  or  merchants  in  contig- 
uous territory,  all  adopted  text-books  at  the  net  contract  price.  No 
dealer  shall  sell  said  books  at  more  than  fifteen  per  cent,  advance  on  said 
net  contract  price.  Any  dealer  or  merchant  violating  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined  not  less  than  twenty-five  dollars  and  not  more  than  one  hundred 
dollars. 

No   provision   is   made    for   the   county   court   to   purchase    text-books    and    sell    to 
pupils  at  cost. 

Sec.  10964.  -Exchange  price. — When  any  county  text-book  com- 
mission or  board  of  directors  shall  adopt  books  and  enter  into  contracts 
with  the  publishers  thereof  such  contracts  shall  provide  a  reasonable  ex- 
change price  for  the  books  displaced  by  such  adoption. 


Revised  School  Laws.  109 

Exchange  price  should  be  included  in  the  contracts  signed  by  the  county  text-book 
.••-mmissions  and  boards  of  directors. 

Sec.  10965,    Penalty  for  using  other  than  adopted  books. — Any 

teacher  or  school  director  who,  within  eight  months  after  the  county 
board  of  education  shall  have  adopted  a  list  of  text-books  for  such  county, 
shall  sanction  or  permit  the  use  of  any  book  not  adopted  in  accordance 
with  the  provisions  of  this  article  shall  be  guilty  of  a  misdemeanor, 
and,  upon  conviction,  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  one  hundred  dollars.  If  any  county  text-book  commission  or 
board  of  directors  shall  attempt  to  change  any  text-book  before  the  ex- 
piration of  a  contract  for  the  same,  made  under  this  article,  any  member 
of  such  commission  or  board,  who  votes  for  such  unlawful  change,  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  not  less 
than  twenty-five  dollars  nor  more  than  one  hundred  dollars.  Any  pub- 
lisher, or  agent  of  said  publisher,  who  shall  connive  at  or  seek  to  procure 
such  unlawful  change,  shall  be  guilty  of  a  misdemeanor,  and  subject  to  a 
like  penalty. 

After  an  adoption  has  been  made  and  contract  signed,  there  is  no  way  provided 
whereby  the  books  may  be  changed  before  the  expiration  of  a  period  of  five  years. 

Sec.  10966.  Supplementary  books. — Nothing  in  this  article  shall 
be  construed  to  prevent  the  use  of  such  supplementary  books  as  shall  be 
furnished  at  the  expense  of  the  school  district,  provided  such  supple- 
mentary books  shall  not  displace  books  regularly  adopted  under  the  pro- 
visions of  this  article. 

This  section  refers  to  supplementary  books  furnished  at  the  expense  of  the  school 
district.  Such  need  not  be  taken  from  the  authorized  state  list.  Books  bought  by  the 
pupils  must  be  books  on  the  authorized  state  list. 

Sec.  10967.  Indigent  pupils,  how  supplied. — The  boards  of  direct- 
ors of  each  school  district  shall  have  authority  to  purchase  all  necessary 
books  for  indigent  pupils  and  pay  for  the  same  out  of  the  incidental 
funds  of  the  district. 

Sec.  10968.  Certain  cities — may  adopt — how. — Boards  of  direct- 
ors of  cities  and  towns  exempt  from  county  uniformity  under  section 
10953,  who  may  not  accept  county  uniformity,  may  adopt  and  contract 
for  books  from  the  state  list  under  the  same  restrictions  and  in  the  same 
general  manner  as  herein  provided  for  the  adoption  of  books  by  the  coun- 
ty text-book  commission. 

"Same  general  manner"  requires  boards  of  education  to  advertise  for  bids  as  is 
provided  in  section  10961.  Cities  and  towns  are  not  exempt  unless  they  take  affirma- 
tive action  showing  that  they  do  not  accept  the  books  adopted  by  the  county  com- 
mission. 

Sec.   10969.     Publisher  to  make  certain  statement. — When  any 

publisher  of  school  text-books  shall  file  with  the  state  superintendent  the 
samples  and  lists  provided  for  in  section  10954,  said  publisher  at  the 
same  time  shall  be  required  to  file  a  sworn  statement  that  he  has  no  un- 
derstanding or  agreement  of  any  kind  with  any  other  publisher,  or  in- 
terest in  the  business  of  any  other  publisher,  with  the  effect,  design  or 
intent  to  control  the  prices  on  such  books  or  to  restrict  competition  in  the 
adoption  or  sale  thereof. 


110  Revised  School  Laics. 

Sec.  10970.  Publisher  to  show  ownership  of  publishing  house.— 
Before  being  licensed  to  sell  school  text-books  in  this  state,  the  publisher 
thereof  shall  file  with  the  state  superintendent  of  public  schools  a  sworn 
statement,  showing  the  ownership  of  such  publishing  house,  with  the  in- 
terest, names  and  addresses  of  such  owners,  and  specifically  stating 
whether  or  not  the  said  publisher,  or  the  owner  of  any  interest  or  shares 
in  such  publishing  house,  is  the  owner  of  any  interest  or  shares  in  any 
other  publishing  house,  and  if  so,  giving  the  name  and  address  thereof. 

Sec.  10971.  Unlawful  combination  to  control  prices — contract 
forfeited. — If  at  any  time  any  publisher  shall  enter  into  any  under- 
standing, agreement  or  combination  to  control  the  prices  or  to  restrict 
competition  in  the  adoption  or  sale  of  school  books,  or  if  the  statements  re- 
quired of  said  publisher  by  the  two  preceding  sections  shall  be  untrue  in 
any  respect,  then  the  attorney-general  shall  institute  and  prosecute  legal 
proceedings  for  the  forfeiture  of  the  bond  of  said  publisher  and  for  the 
revocation  of  his  authority  to  sell  school  books  in  this  state,  and  all  con- 
tracts made  by  said  publisher  under  this  article  shall  thereupon  become 
null  and  void  at  the  option  of  the  other  parties  thereto. 

Sec.  10972.  Penalty  for  selling  without  license. — Any  publisher 
who  shall  sell,  or  offer  for  sale  or  adoption  in  this  state,  school  text- 
books of  any  kind  without  first  obtaining  license  therefor  under  this  ar- 
ticle, shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be 
fined  not  less  than  five  hundred  dollars,  and  not  more  than  five  thousand 
dollars. 

Sec.  10973.  Bribery — penalty. — Any  member  of  any  county  board 
of  education  who  shall  accept  or  receive  any  money,  gift  or  any  prop- 
erty, or  favor  whatsoever,  from  any  person,  firm  or  corporation  selling  or 
offering  for  sale  any  text-books,  or  any  agent  thereof,  or  from  any  person 
in  any  way  interested  in  the  sale  of  text-books,  shall,  upon  conviction, 
be  punished  by  a  fine  not  exceeding  one  thousand  dollars  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment. 


ARTICLE  XI. 


STATE  BOARD  OF  EDUCATION. 


SECTION 

10974.  State  board  of  education — mem- 

bers and  duties. 

10975.  Duty  in  relation  to  swamp  lands. 

10976.  Duty  a<s  to  state  school  fund  of 

counties. 


SECTION 

10977.  Power  to  employ  attorneys — fees 

for  services  of  same. 

10978.  To   report   to   legislature. 


Sec.  10974.    State  board  of  education — members  and  duties. — The 

supervision  of  instruction  in  the  public  schools  shall  be  vested  in  a  state 
board  of  education,  whose  powers  and  duties  shall  be  prescribed  by  law. 
The  superintendent  of  public  schools  shall  be  president  of  the  board; 
the  governor,  secretary  of  state  and  attorney-general  shall  be  ex  officio 
members,  and,  with  the  superintendent,  compose  said  board  of  education. 


Revised  School  Laws.  Ill 

It  shall  be  the  duty  of  the  state  board  of  education  to  take  the  general 
supervision  over  the  entire  educational  interests  of  the  state ;  to  direct 
the  investment  of  all  moneys  received  by  the  state  to  be  applied  to  the 
capital  of  any  fund  for  educational  purposes;  to  see  that  all  funds  are 
applied  to  such  branch  of  the  educational  interest  of  the  state  as  by  grant, 
gift,  devise  or  law  they  were  originally  intended.  (R.  S.  1899,  §  9814, 
amended,  L.  1909,  p.  770.) 

Sec.  10975.  Duty  in  relation  to  swamp  lands. — The  state  board  of 
education  is  hereby  required  to  ascertain  from  all  the  various  counties 
in  the  state  having  swamp  or  other  school  lands  wjiat  disposition  has  been 
made  of  the  same,  and  when  in  any  case  it  shall  be  ascertained  that  the 
objects  of  the  grant  have  been  violated,  the  funds  arising  therefrom  per- 
verted, or  the  lands  or  moneys  used  for  any  purpose  other  than  those 
named  in  the  grant,  and  by  the  law  intended,  it  shall  be  their  duty  to  in- 
stitute suits  to  recover  the  same  in  the  name  of  the  state  in  behalf  of  the 
public  schools  of  the  county  in  which  such  lands  lie.  (R.  S.  1899,  §  9815, 
re-enacted,  L.  1909,  p.  770.) 

The  state  board  of  education  has  authority  to  employ  attorneys  to  reclaim  or 
protect  swamp  lands  held  in  trust  by  counties  for  school  purposes.  State  ex  rel.  v. 
Crumb,  157  Mo.  545;  Phillips  v.  County,  187  Mo.  698.  When  a  county  has  caused  a 
patent  to  issue  for  swamp  lands  and  suffered  the  same  to  remain  on  record  thirty 
years  without  attacking  its  validity,  it  is  estopped  from  thereafter  denying  that  such 
patent  passed  a  valid  title.  Simpson  v.  County,  173  Mo.  421. 

Sec.  10976.  Duty  as  to  state  school  fund  of  counties. — It  shall  also 
be  the  duty  of  the  said  state  board  of  education  to  ascertain  from  all  the 
counties  of  the  state  what  disposition  has  been  made  of  the  state  school 
fund  drawn  by  the  counties  from  the  state  yearly,  how  much  thereof  has 
been  transferred  to  the  school  townships;  and  when  any  such  fund,  or 
any  part  thereof,  has  been  diverted  from  its  lawful  use,  it  shall  be  their 
duty,  in  like  manner  as  in  the  last  section  provided,  to  institute  suit  for 
and  collect  the  same  and  return  it  to  its  legitimate  channel.  (R.  S.  1899, 
§  9816,  amended,  L.  1909,  p.  770.) 

Sec.  10977.  Power  to  employ  attorneys— fees  for  services  of  same. 
The  state  board  of  education  shall  have  power  to  employ  a  competent 
attorney  in  each  congressional  district  to  prosecute  the  suits  mentioned 
in  the  preceding  section,  and  who,  for  such  services,  shall  be  allowed  the 
following  per  cent,  as  fees :  For  all  claims  prosecuted  to  final  judgment 
in  favor  of  the  state  or  county  as  plaintiff,  on  all  sums  under  five  hun- 
dred dollars,  ten  per  cent. ;  between  five  hundred  and  one  thousand  dol- 
lars, seven  per  cent. ;  between  one  thousand  and  two  thousand  dollars, 
five  per  cent. ;  between  two  thousand  and  four  thousand  dollars,  three 
per  cent.;  between  four  thousand  and  eight  thousand  dollars,  two  per 
cent. ;  and  for  all  sums  over  eight  thousand  dollars,  one  per  cent. — such 
fees  to  be  paid  said  attorney  out  of  the  sums  collected ;  and  where  lands 
are  recovered  by  suits  instituted  by  such  attorneys,  they  shall  be  allowed 
such  sums  for  their  services  as  may  be  deemed  reasonable  by  the  county 
court  of  the  county  in  which  the  lands  recovered  are  situated,  to  be  paid 
out  of  the  county  treasury ;  but  if  said  county  court  shall  neglect  or  re- 
fuse to  allow  reasonable  compensation  for  the  services  of  said  attorneys 


112  Revised  School  Laivs. 

in  prosecuting  suits  for  the  recovery  of  lands  as  above  set  forth,  then 
such  attorneys  may  bring  suit  in  the  circuit  court  of  the  proper  county 
against  the  county  the  court  of  which  so  refuses  or  neglects  to  allow 
compensation,  and  the  amount  thus  recovered  shall  stand  as  a  judgment 
against  the  county  in  which  said  lands  are  located  upon  which  suit  was 
brought.  And  it  shall  be  the  further  duty  of  said  attorneys  to  examine 
the  records  and  papers  relating  to  school  lands  and  funds  in  the  counties 
of  the  district  for  which  they  are  appointed,  and  report  the  condition  of 
the  same  to  the  state  board  of  education,  and  they  shall  receive,  as  com- 
pensation therefor,  the  sum  of  six  dollars  per  day  for  the  time  actually 
employed  in  such  examination,  said  amount  to  be  audited  by  the  state 
board  of  education  and  paid  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated :  Provided,  that  no  more  than  five  days  shall  be 
employed  in  such  examination  in  any  one  county,  except  upon  an  order 
of  the  state  board  of  education.  (R.  S.  1899,  §  9817,  re-enacted,  L  1909 
p.  770.) 

Sec.  10978.  To  report  to  legislature. — Said  board  of  education 
shall  report  to  each  session  of  the  legislature  their  proceedings  under  this 
chapter,  stating  therein  what  suits  have  been  instituted,  the  amount  of 
money  collected,  if  any,  and  the  land  recovered,  if  any,  naming  the  coun- 
ties in  which  such  suits  were  instituted  and  lands  recovered,  with  such 
other  information  as  may  be  deemed  important.  (R.  S.  1899,  §  9818, 
amended,  L.  1909,  p.  770.) 


SCHOOL  LIBRARIES. 
Chapter  73,  Article  IV. 


Sec.  8184.  Library  board  created.— There  is  hereby  created  a 
state  library  board  to  consist  of  five  members,  four  of  whom  shall  be  ap- 
pointed by  the  state  board  of  education  to  serve  for  four  years  and  until 
their  successors  are  appointed.  The  state  superintendent  of  schools 
shall  be  a  member  and  ex  offieio  chairman.  (Laws  1901,  p.  205.) 

Sec.  8185.  Board  shall  select,  classify  and  recommend  books. — 
The  state  library  board  shall  select,  classify  and  recommend  a  list  of 
suitable  books  for  school  libraries,  supplementary  reading  and  school 
reference  books.  Said  list  shall  contain  not  less  than  forty  suitable 
books  to  supplement  the  regular  schoolroom  work  in  each  of  the  follow- 
ing lines :  Reading,  literature,  history,  geography  and  nature  study,  or 
practical  agriculture.  They  shall  enter  into  contract  with  the  publishers 
of  the  selected  books  to  furnish  them,  transportation  charges  prepaid,  at 
the  lowest  possible  cost  to  the  districts :  Provided,  that  said  list  may  be 
revised  every  two  years  by  said  board.  It  shall  be  the  duty  of  the  state 
superintendent  of  public  schools  to  publish  and  distribute  to  the  district 
clerks  of  the  state  a  classified  list  of  selected  books,  setting  forth  contract 
price  of  each.  (Laws  1901,  p.  205.) 


Revised  School  Laws.  113 

Sec.  8186.    School  boards  to  set  aside  funds  to  purchase  books.— 

For  the  purpose  of  purchasing  school  libraries,  supplementary  and  refer- 
ence books,  district  boards  of  directors  shall  set  aside,  out  of  the  levy 
made  for  incidental  purposes,  not  less  than  five  nor  more  than  twenty 
cents  per  pupil  enumerated  in  the  district  each  year,  which  shall  be  spent 
under  the  direction  of  the  board  in  purchasing  books  from  the  list  se- 
lected :  Provided,  that  books  other  than  those  selected  may  be  purchased 
after  one  hundred  volumes  have  been  purchased  from  the  selected  list  of 
library  books.  (Laws  1901,  p.  205.) 

It  is  recommended  that  teachers  be  consulted  by  school  boards  before  books  are 
purchased.  The  county  superintendent  will  be  able  to  give  wholesome  advice  in  the 
selection  of  books.  A  pamphlet  containing  the  prices  and  descriptions  of  the  selected 
books  has  been  distributed,  containing  rules  and  regulations  for  the  management  of 
the  libraries.  When  the  incidental  funds  will  admit  of  it,  school  boards  should 
appropriate  the  maximum  of  twenty  cents  per  child  enumerated. 

Lists  of  small  libraries  will  be  furnished  upon  application  to  the  county  superin- 
tendent or  state  superintendent.  These  have  been  selected  with  great  care,  with  the 
view  of  supplementing  the  regular  schoolroom  work.  If  ten  or  fifteen  dollars  is  to  be 
spent,  selections  may  be  made  from  two  or  three  of  the  special  libraries.  These  small 
libraries  are  numbered  and  may  be  ordered  by  number.  Any  combination  of  special 
lists  and  supplemental  lists  may  be  made  to  suit  the  amount  the  district  has  to  spend. 

School  boards  should  make,  or  cause  to  be  made,  a  simple  box  bookcase  to 
rest  on  the  teacher's  desk,  provided  with  door  on  hinges  and  with  lock  and  key.  It 
will  be  much  better  if  such  bookcase  can  be  made  in  the  walls  of  the  house  when  the 
house  is  constructed. 

It  may  be  objected  that  five  dollars  will  not  buy  many  books,  and  that  so  few 
books  will  do  little  good.  Try  it.  Five  dollars  a  year  is  better  than  waiting  five 
years  to  raise  twenty-five  dollars.  Teachers  and  pupils  will  learn  to  appreciate  a  few 
books  faster  than  if  the  list  is  too  large  Experience  with  few  books  will  insure  wiser 
purchases  later.  Districts  should  make  as  large  orders  as  possible,  but  it  is  better  that 
small  orders  be  made  now  rather  than  wait  to  make  larger  ones. 

This  law  in  no  wise  interferes  with  the  right  of  directors  in  cities  and  towns  to 
provide  public  libraries. 

IMPORTANT  SECTIONS  BEARING  ON  SCHOOL  LAW. 

Section  1715.  Children  under  14  not  to  be  employed  in  certain 
occupations. — No  child  under  the  age  of  fourteen  years  shall  be  em- 
ployed, permitted  or  suffered  to  work  at  any  gainful  occupation  within 
this  state,  except  at  agricultural  pursuits,  and  in  domestic  service. 

Sec.  1716.  Children  imder  16  not  to  be  employed  in  certain  oc- 
cupations— notices  to  be  posted. — No  child  under  the  age  of  sixteen 
years  shall  be  employed,  permitted  or  suffered  to  work  at  any  gainful 
occupation  in  this  state  more  than  forty-eight  hours  in  any  one  week,  nor 
more  than  eight  hours  per  day;  nor  before  the  hour  of  seven  o'clock  in 
the  morning,  nor  after  the  hour  of  seven  o'clock  in  the  evening.  Every 
employer  shall  post  in  a  conspicuous  place  in  every  room  or  place  where 
such  minors  are  employed  a  printed  notice  stating  the  hours  of  service 
required  of  them  each  day  of  the  week,  the  hours  of  commencing  and 
stopping  work,  and  the  hour,  or  hours,  when  the  time,  or  times,  allowed 
for  meals  begin  and  end.  The  printed  form  of  such  notice  shall  be 
furnished  by  the  state  factory  inspector. 

Sir— 8 


114  Revised  School  Laivs. 

Section  1717.  Lists  of  children  employed  to  be  posted. — It  shall 
be  the  duty  of  every  person,  firm  or  corporation,  employing  minors  over 
fourteen  and  under  sixteen  years  of  age  within  this  state,  to  keep  two 
complete  lists-  containing  the  names,  ages  and  places  of  residence  of  all 
such  children  employed  therein,  one  on  file,  and  one  conspicuously 
posted  near  the  principal  entrance  of  the  place  or  establishment  in 
which  such  children  are  employed. 

Section  1718.  Child  not  to  be  employed  without  age  certificate- 
certificate  to  be  surrendered  to  owner  on  termination  of  employment.-— 
No  child  under  sixteen  years  of  age,  and  over  fourteen  years  of  age,  shall 
be  employed,  permitted  or  suffered  to  work  in  this  state  unless  there  is 
first  produced  and  placed  on  file  at  the  time  of  employment,  and  accessi- 
ble to  any  factory  inspector,  and  to  any  school  attendance  officer,  or  to 
any  other  authorized  officer,  an  employment  certificate  as  hereinafter  pre- 
scribed. On  termination  of  the  employment  of  any  such  child,  such  cer- 
tificate shall  be  forthwith  surrendered  by  the  employer  to  the  owner 
thereof,  or  in  the  event  said  certificate  is  not  called  for  within  thirty  days, 
it  shall  be  transmitted  by  the  employer  to  the  person  who  issued  the  same. 

Section  1719.  Employment  certificate,  by  whom  issued, — An  em- 
ployment certificate  shall  be  issued  only  by  the  superintendent  of  instruc- 
tion of  any  board  of  education  in  this  state,  or  by  a  person  authorized 
by  him  in  writing,  or,  where-  there  is  no  superintendent  of  instruction,  by 
a  person  authorized  by  the  board  of  directors  of  any  school  district  in 
this  state. 

Section  1720.  Employment  certificate,  how  issued. — The  person 
so  authorized  to  issue  an  employment  certificate  shall  not  issue  such  cer- 
tificate until  he  has  received,  examined,  approved  and  filed  the  following 
papers,  duly  executed: 

1.  The  school  record  of  such  child,  properly  filled  out  and  signed  by 
the  principal  or  chief  executive  officer  of  the  school  which  such  child  has 
attended.    It  shall  contain  a  statement  certifying  that  the  child  has  regu- 
larly attended  the  public  schools,  or  schools  equivalent  thereto,  or  pa- 
rochial schools,  and  is  able  to  read  and  write 'simple  sentences  in  the 
English  language.     Such  school  record  shall  also  give  the  date  of  birth 
and  residence  of  the  child,  as  shown  on  the  record  of  the  school,  and  the 
names  of  its  parent,  guardian,  or  custodian. 

2.  A  passport,  or  duly  attested  transcript  of  the  certificate  of  birth, 
or  baptism,  or  other  religious  record,  showing  the  date  and  place  of  birth 
of  such  child. 

3.  An  affidavit  of  the  parent  or  guardian  or  custodian  of  a  child 
(which  shall  not  be  accepted,  howrever,  unless  a  passport  or  certificate  of 
birth,  or  baptism,  or  other  religious  record  is  not  obtainable),  showing 
the  place  and  date  of  birth  of  such  child.     Such  affidavit  must  be  taken 
before  the  officer  issuing  the  employment  certificate,  who  is  hereby  au- 
thorized and  required  to  administer  such  oath  without  demanding  or  re- 
ceiving any  fee  therefor. 

Section  1721.  Employment  certificate  not  to  be  issued  without 
personal  appearance  and  examination  before  officer  issuing  same.— 
No  employment  certificate  shall  be  issued  until  the  child  in  question  has 


He  vised  ISckool  Laws.  115 

personally  appeared  before  and  been  examined  by  the  officer  issuing  the 
certificate,  nor  until  such  officer,  after  making  such  examination,  has 
signed  and  filed  in  his  office  a  statement  that  the  child  can  read  and 
legibly  write  simple  sentences  in  the  English  language,  and  that  in  his 
opinion  the  child  is  fourteen  years  of  age  or  over,  and  has  reached  the 
normal  development  of  a  child  of  its  age,  and  is  in  sufficiently  sound 
health  and  physically  able  to  perform  the  work  it  intends  to  do.  When- 
ever such,  officer  issuing  the  employment  certificate  requests  it,  such  nor- 
mal development,  sound  health  and  physical  fitness  shall  be  determined 
by  a  medical  officer  of  the  board  or  department  of  health  or  by  a  regu- 
larly licensed  physician. 

Section  1722.  Employment  certificate,  to  contain  what — dupli- 
cates, how  obtained. — Every  such  employment  certificate  shall  state 
the  name,  sex,  residence,  the  date  and  place  of  birth  of  the  child,  and 
describe  the  color  of  the  hair  and  eyes,  the  height  and  weight,  and  any 
distinguishing  physical  marks  of  such  child,  and  that  the  papers  required 
by  the  preceding  sections  have  been  duly  examined,  approved  and  filed, 
and  that  the  child  named  in  such  certificate  has  appeared  before  the 
officer  signing  it.  Every  such  certificate  shall  be  signed  in  the  presence 
of  the  officer  issuing  it  by  the  child  in  whose  name  it  is  issued.  It  shall 
show  the  date  of  its  issue.  In  the  event  such  employment  certificate  is 
lost,  duplicates  may  be  issued  upon  the  payment  of  a  fee  of  50  cents  for 
each  duplicate,  which  shall  be  paid  into  the  general  school  fund. 

Section  1723.  Employment  certificates,  subject  to  review  by  fac- 
tory inspector — how  cancelled. — All  such  employment  certificates  shall 
be  subject  to  review  by  the  factory  inspector,  or  by  any  of  his  assistants 
or  deputies,  and  may  by  him  be  cancelled  if  he  finds  such  certificate  has 
been  obtained  through  fraud,  misrepresentation  or  falsification  of  facts. 
In  such  cases  the  factory  inspector  shall  give  written  notice  to  the  em- 
ployer, who  shall  at  once  cause  the  minor  affected  to  be  dismissed  from 
employment.  The  factory  inspector  or  his  assistant  or  deputy  shall  also 
have  the  power  to  demand  a  certificate  of  physical  fitness  from  some 
regularly  licensed  physician  in  the  case  of  children  who  may  seem  to  said 
inspector  physically  unable  to  perform  the  labor  at  which  they  may  be 
employed:  and  no  such  child  shall  be  employed  who  cannot  obtain  such 
a  certificate. 

Section  1724.  Form  of  employment  certificate. — Such  employment 
certificate  shall  be  printed,  the  printed  form  to  be  furnished  by  the  state 
factory  inspector,  and  shall  be  filled  out,  signed  and  held  for  surrender 
in  the  following  form  : 

EMPLOYMENT   CERTIFICATE. 


I.  —  iHcer  issuing  certificate  shall  insert  his  name  and  official  title  and 

by  wiv*  issues  sai.l   certificate)    hereby  certify  that  there  personally  ap- 

peared before  me.  -  — ,  (here  insert  name  of  child),  and  that  he,  or  she,  has  been 
duly  examined  by  me  and  found  by  me  to  be  able  to  read  and  legibly  write  simple 
sentences  in  the  Eir.'Msh  language;  and  I  further  certify  that  in  my  opinion  the  said 
child  is  fourteen  years  of  age  or  over  and  has  reached  the  normal  development  of  a 
child  of  his,  or  her,  age,  and  is  in  sufficiently  sound  health  and  physically  able  to 
perform  the  work  which  he,  or  she,  intends  to  do,  which,  according  to  the  statement  of 


116  Revised  School  Laws. 

the  child,  is  as  follows:  —  —  (here  insert  kind  of  work  child  states  he,  or  she,  intends 
to  perform). 

I  further  certify  that  I  have  received,  examined,  approved,  signed  and  filed  in  ray 

office  at  ,  (here  insert  address  of  officer  issuing  certificate),  the  papers  required 

by  the  statutes  of  Missouri  pertaining  to  the  issuance  of  employment  certificates  to 
children  over  fourteen  years  of  age. 

I  further  certify  that  the  child  in  whose  name  this  certificate  is  issued  has  signed 
his,  or  her,  name  in  my  presence.  His,  or  her,  full  name  is  —  — ,  (here  insert  full 
name  of  child  in  whose  "behalf  certificate  is  issued).  -  -  (here  state  whether  male 

or  female  child);  residence  ;  born  on  the  -  -  day  of (month); 

(year),  at  —  -  (place  of  birth)  ;  color  of  hair  is  —  — ;  of  eyes  is  ; 

height,  — ;  weight,  — ;  -  -  (here  insert  distinguishing  facial  marks) 

In  the  event  this  certificate  is  lost,  a  duplicate  may  be  issued  upon  the  payment  ot 
a  fee  of  50  cents: 

Signed  this  -  -  day  of  -  -  (month),  -  -  (year),  at  -  -  (place  of 
issuance.) 


(Signature  and  official  title  of  officer  issuing  certificate). 


(Signature  and  address  of  child  on  whose  behalf  certificate  is  issued). 

Section  1725.  Persons  issuing  certificates  to  transmit  list  of  same 
monthly  to  factory  inspector.— The  superintendent  of  instruction,  or 
other  person  authorized  to  issue  employment  certificates,  shall  transmit, 
between  the  first  and  tenth  days  of  each  month,  to  the  office  of  the  factory 
inspector,  upon  blanks  to  be  furnished  by  him,  a  list  of  the  names  of  the 
children  to  whom  certificates  have  been  issued.  Such  list  shall  give  the 
name  of  the  prospective  employer,  if  known,  and  the  nature  of  the  occu- 
pation the  child  intends  to  engage  in. 

Section  1726.  Presence  of  child,  prima  facie  evidence  of  employ- 
ment.— The  presence  of  any  person  under  the  age  of  sixteen  years  in 
any  place  where  labor  is  employed  shall  constitute  prima  facie  evidence 
of  his,  or  her,  employment  therein. 

Section  1726a,  Boys  under  10  and  girls  under  16  not  to  sell 
papers,  etc.,  in  certain  places. — No  boy  under  ten  and  no  girl  under 
sixteen  years  of  age  shall  sell,  or  expose,  or  offer  for  sale,  newspapers, 
magazines,  periodicals,  or  other  merchandise  in  any  street  or  hotels, 
railway  stations,  places  of  public  amusement,  places  where  intoxicating 
liquors  are  manufactured  or  sold  or  public  office  buildings  within  the 
state. 

Section  1726b.  Children  under  the  age  of  16  not  to  be  employed 
in  certain  occupations. — No  child  under  the  age  of  sixteen  years  shall 
be  employed,  permitted  or  suffered  to  work  at  any  of  the  following  occu- 
pations or  in  any  of  the  following  positions:  Sewing  machine  belts  in 
any  workshop  or  factory,  or  assisting  therein  in  any  capacity  whatever ; 
adjusting  any  belt  to  any  machinery;  oiling,  wiping  or  cleaning  ma- 
chinery or  assisting  therein  ;  operating,  or  assisting  in  operating — circular 
saws;  wood  jointers;  wood  shapers;  planers;  sandpaper  or  wood-polish- 
ing machinery ;  picker  machines ;  machines  used  in  picking  wool ;  ma- 
chines used  in  picking  cotton ;  machines  used  in  picking  hair ;  machines 
used  in  picking  upholstering  material;  paper-lacing  machines;  leather- 
burnishing  machines;  burnishing  machines  in  any  tannery  or  leather 


Revised  School  Laws.  117 

manufactory ;  job  or  cylinder  printing  presses,  operated  by  power  other 
than  foot  power;  emery  or  polishing  wheels  used  for  polishing  metal; 
woodturning  or  boring  machinery;  stamping  machines  used  in  sheet- 
metal  and  tinware  manufacturing ;  stamping  machines  used  in  washer 
and  nut  factories ;  corrugating  rolls,  such  as  are  used  in  roofing  and  wash- 
board factories;  steam  boilers;  steam  machinery;  or  other  steam  gener- 
ating apparatus ;  dough  brakes ;  or  cracker  machinery  of  any  description ; 
wire  or  strengthening  machinery;  rolling  mill  machinery,  punches  or 
shears ;  washing,  grinding  or  mixing  mills ;  calender  rolls  in  rubber  man- 
ufacturing; laundering  machinery. 

Section  1726c.  Children  under  16  not  to  be  employed  in  manu- 
facture of  certain  goods,  or  in  certain  positions. — No  child  under  the 
age  of  sixteen  years  shall  be  employed,  permitted  or  suffered  to  work  in 
any  capacity  in,  about  or  in  connection  with  the — preparing  any  compo- 
sition in  which  dangerous  or  poisonous  acids  or  alkalies  are  used ;  man- 
ufacture of  paints,  colors  or  white  lead;  dipping,  drying  or  packing 
matches ;  manufacturing,  packing  or  storing  powder,  dynamite,  nitro- 
glycerine compounds,  fuses  or  other  explosives;  manufacture  of  goods 
for  immoral  purposes ;  nor  in,  about  or  in  connection  with  any — brew- 
ery, or  other  establishment  where  malt  or  alcoholic  liquors  are  manu- 
factured, packed,  wrapped  or  bottled;  hotel;  concert  hall;  moving 
picture  shows ;  pool  and  billiard  halls ;  wholesale  drug  store ;  saloon, 
or  place  of  amusement ;  nor  in  operating  any  automobile,  motor  car  or 
truck ;  nor  in  bowling  alleys ;  nor  in  any  other  employment  declared  by 
the  state  factory  inspector  to  be  dangerous  to  lives  and  limbs,  or  in- 
jurious to  the  health  or  morals  of  children  under  the  age  of  sixteen. 

Section  1726d.  Penalty. — The  violation  of  any  of  the  provisions 
of  this  act  shall  be  deemed  a  misdemeanor  and  every  day's  violation  shall 
constitute  a  separate  offense,  and  any  person,  firm  or  corporation  com- 
mitting such  violation  shall  be  punished  by  a  fine  of  not  more  than 
$100.00,  or  by  imprisonment  in  the  county  jail  not  exceeding  one  year,  or 
by  both  such  fine  and  punishment. 

Sec.  2.  Child  may  be  excused  temporarily,  when. — Section  10897 
of  the  Revised  Statutes  of  Missouri  of  1909  is  hereby  amended  by  strik- 
ing out  of  the  tenth  and  eleventh  lines  thereof,  after  the  word  "road"  in 
the  tenth  line  thereof,  the  following  words,  to-wit,  "or  that  the  labor  of 
said  child  is  absolutely  necessary  for  the  support  of  the  family,"  so  that 
said  section  thus  amended  shall  read  as  follows:  "Section  10897.  A 
child  between  the  ages  aforesaid  may  be  excused  temporarily  from  com- 
plying with  the  provisions  of  sections  10896  to  10905,  inclusive,  in  whole 
or  in  part,  if  it  can  be  shown  to  the  satisfaction  of  a  court  of  competent 
jurisdiction  that  said  parent,  or  guardian,  or  person  having  charge  or 
control  of  said  child,  is  not  able,  through  extreme  destitution,  to  provide 
or  obtain  in  any  way  proper  clothing  for  said  child ;  or  that  said  child  is 
mentally  or  physically  incapacitated  to  attend  school  for  the  whole  period 
required,  or  any  part  thereof,  or  that  there  is  no  public  school  taught 
within  two  and  one-half  miles  of  the  residence  of  said  child  by  the  near- 
est traveled  road,  or  that  said  child  has  completed  the  common  school 
course  as  prescribed  by  constituted  authority,  or  its  equivalent,  and  has 
received  a  certificate  of  graduation  therefrom." 


118  Revised  School  Laws. 

Sec.  3.  Children,  when  excused  from  attendance.— Section  10907 
of  the  Revised  Statutes  of  Missouri  of  1909  is  hereby  amended  by  strik- 
ing out  of  the  tenth  and  eleventh  lines  thereof  the  following  words,  to 
wit:  "or  that  the  labor  of  said  child  is  absolutely  necessary  for  the  sup- 
port of  the  family ;"  and  by  striking  out  all  that  part  of  said  section,  be- 
ginning in  the  thirteenth  line  thereof  with  the  words :  ' ' Provided,  how- 
ever/' and  ending  with  word  "officer,"  being  the  last  word  of  said  sec- 
tion, so  that  said  section  thus  amended  shall  read  as  follows :  ' '  Section 
10907.  A  child  between  the  ages  aforesaid  may  be  excused  temporarily 
from  complying  with  the  provisions  of  sections  10906  to  10917,  in- 
clusive, in  whole  or  in  part,  if  it  be  shown  to  the  satisfaction  of  the  attend- 
ance officer,  or  if  he  declines  to  excuse  to  the  satisfaction  of  a  court  of 
competent  jurisdiction,  that  said  parent,  guardian,  or  person  having 
charge,  control  or  custody  of  said  child  is  not  able,  through  extreme  des- 
titution, to  provide  or  obtain  in  any  way  proper  clothing  for  said  child ; 
or  that  said  child  is  mentally  or  physically  incapacitated  to  attend  school 
for  the  whole  period  required,  or  any  part  thereof,  or  that  said  child  has 
completed  the  common  school  course,  as  prescribed  by  constituted  au- 
thority, or  its  equivalent,  and  has  received  a  certificate  of  graduation 
therefrom."  (Session  Acts  1911.) 

In   connection   with   this   read   sections   10896-10905    on   compulsory   attendance    of 
children. 

Sec.  4560.  Claims  corruptly  allowed  by  county  courts  and  other 
officers. — Any  member  of  the  county  court,  common  council  or  board 
of  trustees,  or  officer  or  agent  of  any  county,  city,  town,  village,  school 
township,  school  district  or  other  municipal  corporation,  who  shall,  in 
his  official  capacity,  wilfully  or  corruptly  vote  for,  assent  to  or  report  in 
favor  of,  or  allow  or  certify  for  allowance,  any  claim  or  demand,  or  any 
part  thereof,  against  the  county,  city,  town,  village,  school  township, 
school  district  or  other  municipal  corporation,  of  which  he  is  such  officer 
or  agent,  or  against  the  county  court,  common  council  or  board  of  trus- 
tees of  which  he  is  a  member — -such  claim  or  demand,  or  part  thereof,  be- 
ing for  or  on  account  of  any  contract  or  demand  or  service  not  authorized 
or  made  as  provided  or  required  by  law — every  such  person  so  offending 
shall,  on  conviction,  be  punished  by  imprisonment  in  the  penitentiary 
not  more  than  five  years,  or  by  a  fine  of  not  less  than  one  hundred  nor 
more  than  five  thousand  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  two  nor  more  than  twelve  months,  or  by  both  such  fine  and 
imprisonment.  (R.  S.  1899,  §  1922.) 

Sec.  4615.  Injury  of  schoolhouses  and  church  buildings. — Every 
person  who  shall  injure,  deface  or  destroy  any  building  used  as  a  school- 
house,  or  any  church  building  or  other  building  used  for  such  purposes 
or  for  other  religious  or  educational  purpose,  or  any  furniture,  fixtures 
or  apparatus  thereto  belonging,  or  who  shall  deface,  mar  or  disfigure  any 
such  building,  or  any  part  thereof,  or  the  fixtures  therein,  by  writing, 
painting,  cutting  or  pasting  thereon  any  likeness,  figures,  words  or  de- 
vice, or  who  shall  commit  any  trespass  upon  the  land  connected  with  said 
schoolhouse  and  used  for  school  or  educational  purposes,  by  removing 
therefrom  the  water,  contained  in  any  well,  cistern  or  reservoir,  in  which 


Revised  School  Laws.  119 

water  is  gathered  or  kept  for  the  supply  of  said  schoolhouse  or  those 
attending  the  same,  and  without  the  permission,  in  writing,  of  the  person 
or  persons  having  the  legal  control  of  said  schoolhouse  and  land,  or  who 
shall  in  any  manner  pollute  the  water  contained  in  any  well,  cistern  or 
reservoir,  shall  be  deemed  guilty  of  a  misdemeanor.  (R.  S.  1899, 
§  1974.) 

Sec.  4713.  Disturbing  religious  assemblies. — Every  person  who 
shall  wilfully,  maliciously  or  contemptuously  disquiet  or  disturb  any 
camp  meeting,  congregation  or  other  assembly  met  for  religious  worship, 
or  when  meeting  at  the  place  of  worship,  or  dispersing  therefrom,  or  any 
school  or  other  meeting  or  assembly  of  people  met  together  for  any  lawful 
purpose  whatever,  by  making  a  noise,  or  by  rude  or  indecent  behavior 
or  profane  discourse  within  the  place  of  assembly,  or  so  near  the  same  as 
to  interrupt  or  disturb  the  order  or  solemnity  thereof,  or  who  shall  wil- 
fully menace,  threaten  or  assault  any  person  there  being,  shall  be  deemed 
guilty  of  a  misdemeanor.  (R.  S.  1899,  §  2160.) 

Sec.  4734.  Sale  and  gift  of  cigarettes  or  cigarette  paper  for- 
bidden— penalty. — Any  person  who  shall,  by  himself,  his  servant  or 
agent,  or  as  the  servant  or  agent  of  any  other  person,  directly  or  indi- 
rectly, or  upon  any  pretense,  or  by  any  device,  sell,  give  away  or  other- 
wise dispose  of,  unto  any  person  under  the  age  of  eighteen  years,  any 
cigarette,  cigarette  paper  or  cigarette  wrappers,  or  any  substitute  there- 
for, or  any  paper  made  or  prepared  for  the  purpose  of  making  cigarettes 
or  any  substitute  therefor,  or  for  the  purpose  of  being  filled  with  tobacco 
for  smoking,  shall  be  adjudged  guilty  of  a  misdemeanor,  and,  upon  con- 
viction thereof,  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  for  the  first  offense,  and  by  a  fine  of  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars  for  the  second 
offense ;  and  provided  further,  that  one-half  of  the  fine  recovered  shall  go 
to  the  complaining  witness.  (Laws  1903,  p.  164,  amended,  Laws  1909, 
p.  447.) 

Sec.  4735.  Use  of  cigarettes  by  minors  in  public  places  forbidden 
— penalty. — Every  person,  over  the  age  of  ten  years  and  under  the  age 
of  eighteen  years,  who  shall  smoke  or  use  cigarettes  on  any  public  road, 
street,  alley,  park,  or  other  lands  used  for  public  purposes,  or  in  any 
public  place  of  business  or  amusement,  or  upon  any  railroad  train  or 
street  car,  shall,  upon  conviction,  be  adjudged  guilty  of  a  misdemeanor, 
and  punished  by  a  fine  of  not  more  than  ten  dollars.  (Laws  1909, 
p.  447.) 

Sec.  1249.  Bonded  debt  of  counties,  cities,  etc.,  may  be  funded — 
question  to  be  submitted. — The  various  counties  in  this  state,  for  them- 
selves, as  well  as  in  behalf  of  any  township  or  parts  of  townships  for 
which  said  counties  may  have  heretofore  issued  any  bonds,  and  the  several 
cities,  villages,  incorporated  towns  and  school  districts,  are  hereby  au- 
thorized by  their  respective  county  courts,  and  the  said  cities,  villages 
and  incorporated  towns  by  their  authorities,  and  the  said  school  districts 
by  their  respective  school  boards,  to  fund  any  part  or  all  of  their  existing 
bonded  indebtedness,  including  any  judgments,  bonds,  or  coupons,  at  a 
lower  rate  of  interest,  and  for  that  purpose  may  issue,  negotiate,  sell  and 


120  Revised  School  Laws. 

deliver  renewal  or  funding  bonds,  and  with  the  proceeds  thereof  pay  off, 
redeem  and  cancel  old  bonds,  as  the  same  are  called  for  redemption : 
Provided,  that  such  funding  bonds  shall  not.be  sold  for  less  than  the  par 
value  thereof,  and  that  in  no  case  shall  the  amount  of  the  debt  of  any 
such  county  or  township  or  parts  of  townships,  or  city,  village,  incor- 
porated town  or  school  district,  nor  the  rate  of  interest  on  such  debt,  be 
increased  or  enlarged  under  the  provisions  of  this  chapter ;  and  provided 
also,  that  no  funding  bonds  issued  under  this  chapter  shall  be  payable 
in  less  than  five  nor  more  than  thirty  years  from  the  date  thereof,  and 
that  such  funding  bond  shall  be  of  the  denomination  of  not  more  than 
one  thousand  dollars  nor  less  than  one  hundred  dollars,  and  shall  bear 
interest  not  to  exceed  five  per  cent,  per  annum,  payable  annually  or  semi- 
annually,  and  to  this  end  each  bond  shall  have  annexed  interest  coupons, 
and  the  funding  bonds  and  coupons  shall  be  made  payable  to  bearer: 
Provided,  that  nothing  in  this  act  shall  be  so  construed  as  prohibiting 
any  county,  city,  township  or  school  district  having  a  bonded  debt  from 
refunding  such  debt  without  the  submission  of  the  question  to  a  popular 
vote,  whenever  such  refunding  can  be  done  at  a  lower  rate  of  interest 
than  the  bonds  so  refunded  bore.  (R.  S.  1899,  §  5157,  amended,  Laws 
1901,  p.  52.) 

23  Mo.  483;  33  Mo.  440;  36  Mo.  294;  38  Mo.  450;  41  Mo.  453;  44  Mo.  197,  504; 
45  Mo.  458;  47  Mo.  349;  48  Mo.  167,  390;  50  Mo.  338,  600;  51  Mo.  479,  522;  54  Mo.  58; 
56  Mo.  126;  62  Mo.  188;  67  Mo.  35^3,  445;  69  Mo.  150,  224;  72  Mo.  329,  496;  85  Mo.  41; 
86  Mo.  551;  92  Mo.  511;  93  Mo.  606;  96  Mo.  29;  101  Mo.  136;  106  Mo.  659;  109  Mo. 
248;  112  Mo.  126;  113  Mo.  297;  116  Mo.  129;  120  Mo.  577;  121  Mo.  614;  123  Mo.  72; 
128  Mo.  427;  45  A.  660;  69,  A.  660.  Where  vote  held  necessary.  42  Mo.  171;  45  Mo. 
242  ;  48  Mo.  167,  390  ;  51  Mo.  350  ;  67  Mo.  445.  Irregularities.  33  Mo.  440  ;  36  Mo.  294  ; 
47  Mo.  349;  48  Mo.  390,  167;  45  A.  660.  When  void.  48  Mo.  167;  56  Mo.  126;  66  Mo. 
498;  67  Mo.  345,  445.  Conflict,  federal  and  state  courts.  72  Mo.  499;  75  Mo.  246; 
77  Mo.  573;  106  Mo.  659.  A  bona  fide  holder  for  value  has  right  to  presume  the  issue 
regular,  51  Mo.  483;  54  Mo.  58;  7  A.  294.  Tender.  107  Mo.  50.  Dealing  with  agent, 
etc.  143  Mo.  13. 

This  section  vests  the  board  of  directors  with  authority  to  refund  the  bonded 
indebtedness  of  the  district  at  a  less  rate  of  interest  at  any  time  after  it,  by  the 
terms  of  the  bonds,  becomes  payable  at  the  option  of  the  board,  and  before  final 
maturity  thereof. 

Sec.  1275.  Bonds  to  be  registered. — Before  any  bond  hereafter 
issued  by  any  county,  city,  town,  village  or  school  district,  for  any  pur- 
pose whatever,  shall  obtain  validity  or  be  negotiated,  such  bond  shall 
first  be  presented  to  the  state  auditor,  who  shall  register  the  same  in  a 
book  or  books  provided  for  that  purpose,  in  the  same  manner  as  the  state 
bonds  are  now  registered,  and  who  shall  certify  by  indorsement  on  such 
bond  that  all  the  conditions  of  the  laws  have  been  complied  with  in  its 
issue,  if  that  be  the  case,  and  also  that  the  conditions  of  the  contract 
under  which  they  were  ordered  to  be  issued  have  also  been  complied 
with,  and  the  evidence  of  that  fact  shall  be  filed  and  preserved  by  the 
auditor;  but  such  certificate  shall  be  prima  facie  evidence  only  of  the 
facts  therein  stated,  and  shall  not  preclude  or  prohibit  any  person  from 
showing  or  proving  the  contrary  in  any  suit  or  proceeding  to  test  or  de- 
termine the  validity  of  such  bonds,  or  the  power  of  any  county  court,  city 
or  town  council  or  board  of  trustees,  or  school  board  or  other  authority, 


Revised  School  Lawj*.  121 

to  issue  such  bonds ;  and  the  remedy  of  injunction  shall  also  lie  at  the  in- 
stance of  any  taxpayer  of  the  respective  county,  city,  town,  village, 
township  or  school  district,,  to  prevent  the  registration  of  any  bonds  al- 
leged to  be  illegally  issued  or  funded  under  any  of  the  provisions  of  this 
article.  (R.  S.  1899,  §  5167.) 

Sec.  1247.  Contractors  with  counties,  cities,  school  districts,  etc,, 
to  give  bond. — All  counties,  cities,  towns  and  school  districts  making 
contracts  for  public  work  of  any  kind  to  be  done  for  such  county,  city, 
town  or  school  district  shall  require  every  contractor  to  execute  a  bond 
with  good  and  sufficient  securities,  and  such  bond,  among  other  condi- 
tions, shall  be  conditioned  for  the  payment  for  all  material  used  in  such 
work,  and  all  labor  performed  on  such  work,  whether  by  subcontract  or 
otherwise.  (R.  S.  1899,  §  6761.) 

Sec.  11073.  Diplomas  and  certificates— secretary  of  each  board  and 
state  superintendent  to  make  annual  report. — The  normal  diploma, 
conferred  upon  completing  the  "advanced  course,"  shall  entitle  the 
holder  thereof  to  teach  in  any  county  in  this  state,  without  further  ex- 
amination, until  revoked  by  the  board  of  regents  or  curators  granting 
the  same,  or  by  the  county  school  commissioner,  or  state  superintendent 
of  schools,  for  incompetency,  cruelty,  immorality,  drunkenness  or  neglect 
of  duty;  and  the  normal  certificate,  granted  upon  completing  the  " ele- 
mentary course,"  shall  bear  the  names  of  the  branches  of  study  com- 
pleted and  the  grades  sustained  in  each ;  and  said  certificate  shall  in  like 
manner  entitle  the  holder  thereof  to  teach  the  branches  therein  named 
for  a  period  of  two  years  from  date,  unless  sooner  revoked  by  said  board, 
or  county  school  commissioner,  or  state  superintendent  of  schools,  for  one 
or  more  of  the  causes  above  specified ;  and  the  provisions  of  this  section 
shall  apply  to  the  normal  department  of  the  university  of  Missouri  and 
to  Lincoln  Institute.  The  secretary  of  each  board  shall  annually,  in  the 
month  of  June,  transmit  to  the  state  superintendent  the  names  of  those 
receiving  such  diploma  or  certificate,  with  residence  and  date  of  issue, 
arid  the  state  superintendent  shall  annually,  in  the  month  of  August, 
forward  to  each  county  commissioner  a  printed  list  of  persons  holding 
state  certificates  now  in  force,  and  those  authorized  to  teach  under  the 
provisions  of  this  section,  giving  name,  residence,  date  of  qualification, 
and  by  whom  conferred,  and  the  date  each  normal  certificate  expires ;  and 
the  holder  of  such  state  certificate,  normal  diploma  or  normal  certificate 
shall,  before  commencing  to  teach  a  public  school  in  any  county  in  this 
state,  notify  the  county  commissioner  thereof  of  such  fact,  give  date  of 
qualification,  and  by  whom  conferred.  (R.  S.  1899,  §  9993,  amended, 
Laws  1909,  p.  851.) 

Sec.  11078.  Annual  report  of  president  of  board,  shall  contain 
what. — The  president  of  each  of  the  boards  of  regents  of  the  normal 
schools  shall  make  to  the  state  superintendent  of  public  schools  an  an- 
nual report  in  the  month  of  August  in  each  year,  which  shall  contain  a 
full  account  of  the  acts  of  said  board,  of  all  receipts  of  moneys  from 
appropriations,  tuition  fees  and  all  other  sources,  and  the  disbursements 
thereof  and  for  what  purposes,  and  the  condition  of  said  normal  schools ; 
also  a  list  of  the  names  of  all  students  that  may  have  been  taught  in  the 


122  Revised  School  Laws. 

respective  normal  schools  during  the  preceding  year,  with  the  age  and 
place  of  residence  of  each,  the  number  of  terms  enrolled,  the  number  of 
days  each  has  been  taught,  and  the  amount  of  tuition  or  incidental  fees 
paid.  (R.  S.  1899,  §  9998,  amended,  Laws  1909,  p.  851.) 

Sec.  11132.  Selling  liquor  to  students — penalty. — Any  person  who 
shall  knowingly  sell,  give  or  in  any  manner  dispose  of  any  intoxicating 
liquor  to  any  student  of  the  university  of  the  state  of  Missouri,  or  of  any 
school  or  college  or  academy  in  this  state,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall,  upon  conviction,  be  punished  by  a  fine  of  not 
less  than  forty  nor  more  than  four  hundred  dollars,  or  by  imprisonment 
in  the  county  jail  not  less  than  three  months  nor  more  than  one  year,  or 
by  both  such  fine  and  imprisonment:  Provided,  that  it  shall  be  lawful 
for  druggists  to  sell  or  give  such  liquor  to  any  student  upon  the  written 
prescription  of  a  regular  practicing  physician  in  good  standing:  Pro- 
vided, that  nothing  in  this  section  shall  be  so  construed  as  to  apply  to 
any  mercantile  or  business  college.  (Laws  1909,  p.  884.) 


PROVISIONS  OF  THE  CONSTITUTION  OF  MISSOURI. 

ARTICLE  VIII— SUFFRAGE. 

Sec.  2.  Every  male  citizen  of  the  United  States,  and  every  male 
person  of  foreign  birth  who  may  have  declared  his  intention  to  become 
a  citizen  of  the  United  States  according  to  law,  not  less  than  one  year 
nor  more  than  five  years  before  he  offers  to  vote,  who  is  over  the  age  of 
twenty-one  years,  possessing  the  following  qualifications,  shall  be  entitled 
to  vote  at  all  elections  by  the  people : 

First — He  shall  have  resided  in  the  state  one  year  immediately 
preceding  the  election  at  which  he  offers  to  vote. 

Second — He  shall  have  resided  in  the  county,  city  or  town  where 
he  shall  offer  to  vote  at  least  sixty  days  immediately  preceding  the  elec- 
tion. 

Sec.  7.  For  the  purpose  of  voting,  no  person  shall  be  deemed  to 
have  gained  a  residence  by  reason  of  his  presence,  or  lost  it  by  reason  of 
his  absence,  while  employed  in  the  service,  either  civil  or  military,  of 
this  state  or  of  the  United  States,  nor  while  engaged  in  the  navigation  of 
the  waters  of  the  state  or  of  the  United  States,  or  of  the  high  seas,  nor 
while  a  student  of  any  institution  of  learning,  nor  while  kept  in  a  poor- 
house  or  other  asylum  at  public  expense,  nor  while  confined  in  public 
prison. 

Sec.  8.  No  person,  while  kept  at  any  poorhouse  or  other  asylum, 
at  public  expense,  nor  wiiile  confined  in  any  public  prison,  shall  be  en- 
titled to  vote  at  any  election  under  the  laws  of  this  state. 

Sec.  11.  No  officer,  soldier  or  marine,  in  the  regular  army  or 
navy  of  the  United  States,  shall  be  entitled  to  vote  at  any  election  in  this 
state. 

Sec.  12.  No  person  shall  be  elected  or  appointed  to  any  office 
in  this  state,  civil  or  military,  who  is  not  a  citizen  of  the  United  States, 
and  who  shall  not  have  resided  in  this  state  one  year  next  preceding  his 
election  or  appointment. 


Revised  School  Laws. 


ARTICLE  X— TAXATION. 

Sec.  11.  Taxes  for  county,  city,  town  and  school  purposes  may 
be  levied  on  all  subjects  and  objects  of  taxation;  but  the  valuation  of 
property  therefor  shall  not  exceed  the  valuation  of  the  same  property  in 
such  town,  city  or  school  district  for  state  and  county  purposes.  For  coun- 
ty purposes  the  annual  rate  on  property,  in  counties  having  six  million 
dollars  or  less,  shall  not,  in  the  aggregate,  exceed  fifty  cents  on  the  hun- 
dred dollars  valuation ;  in  counties  having  six  million  dollars  and  under 
ten  million  dollars,  said  rate  shall  not  exceed  forty  cents  on  the  hundred 
dollars  valuation;  in  counties  having  ten  million  dollars  and  under 
thirty  million  dollars,  said  rate  shall  not  exceed  fifty  cents  on  the  hun- 
dred dollars  valuation ;  and  in  counties  having  thirty  million  dollars  or 
more,  said  rate  shall  not  exceed  thirty -five  cents  on  the  hundred  dollars 
valuation.  For  city  and  town  purposes,  the  annual  rate  on  property  in 
cities  and  towns  having  thirty  thousand  inhabitants  or  more  shall  not, 
in  the  aggregate,  exceed  one  hundred  cents  on  the  hundred  dollars  valua- 
tion ;  in  cities  and  towns  having  less  than  thirty  thousand  and  over  ten 
thousand  inhabitants,  said  rate  shall  not  exceed  sixty  cents  on  the  hun- 
dred dollars  valuation ;  in  cities  and  towns  having  less  than  ten  thousand 
and  more  than  one  thousand  inhabitants,  said  rate  shall  not  exceed  fifty 
cents  on  the  hundred  dollars  valuation ;  and  in  towns  having  one  thou- 
sand inhabitants  or  less,  said  rate  shall  not  exceed  twenty-five  cents  on 
the  hundred  dollars  valuation.  For  school  purposes  in  districts '  com- 
posed of  cities,  which  have  one  hundred  thousand  inhabitants  or  more, 
the  annual  rate  on  property  shall  not  exceed  sixty  cents  on  the  hundred 
dollars  valuation,  and  in  other  districts  forty  cents  on  the  hundred  dol- 
lars valuation :  Provided,  the  aforesaid  annual  rates  for  school  purposes 
may  be  increased  in  districts  formed  of  cities  and  towns  to  an  amount 
not  to  exceed  one  dollar  on  the  hundred  dollars  valuation,  and  in  other 
districts  to  any  amount  not  to  exceed  sixty-five  cents  on  the  hundred  dol- 
lars valuation,  on  the  condition  that  a  majority  of  the  voters  who  are  tax- 
payers, voting  at  an  election  held  to  decide  the  question,  vote  for  said 
increase.  For  the  purpose  of  erecting  public  buildings  in  counties, 
cities  or,  school  districts,  the  rates  of  taxation  herein  limited  may  be  in- 
creased when  the  rate  of  such  increase  and  the  purpose  for  which  it  is  in- 
tended shall  have  been  submitted  to  a  vote  of  the  people,  and  two-thirds 
of  the  qualified  voters  of  such  county,  city  or  school  district  voting  at. 
such  election  shall  vote  therefor.  The  rate  herein  allowed  to  each  county 
shall  be  ascertained  by  the  amount  of  taxable  property  therein,  according 
to  the  last  assessment  for  state  and  county  purposes,  and  the  rate  al- 
lowed to  each  city  or  town  by  the  number  of  inhabitants,  according  to  the 
last  census  taken  under  the  authority  of  the  state,  or  the  United  States ; 
said  restrictions  as  to  the  rates  shall  apply  to  taxes  of  every  kind  and 
description,  whether  general  or  special,  except  taxes  to  pay  valid  indebt- 
edness now  existing  or  bonds  which  may  be  issued  in  renewal  of  such  in- 
debtedness: Provided,  that  the  city  of  St.  Louis  may  levy  for  municipal 
purposes,  in  addition  to  the  municipal  rate  of  taxation  above  provided,  a 


124  Revised  School  Laws. 

rate  not  exceeding  the  rate  which  would  be  allowed  for  county  purposes 
if  said  city  were  part  of  a  county. 

Sec.  12.  No  county,  city,  town,  township,  school  district  or  other 
political  corporation  or  subdivision  of  the  state  shall  be  allowed  to  be- 
come indebted  in  any  manner^,  or  for  any  purpose,  to  an  amount  exceed- 
ing in  any  year  the  income  and  revenue  provided  for  such  year,  without 
the  assent  of  two-thirds  of  the  voters  thereof,  voting  at  an  election  to  be 
held  for  that  purpose;  nor  in  cases  requiring  such  assent  shall  any  in- 
debtedness be  allowed  to  be  incurred  to  an  amount,  including  existing 
indebtedness,  in  the  aggregate  exceeding  five  per  centum  on  the  value  of 
the  taxable  property  therein,  to  be  ascertained  by  the  assessment  next  be- 
fore the  last  assessment  for  state  and  county  purposes,  previous  to  the  in- 
curring of  such  indebtedness :  Provided,  that  with  such  assent  any  county 
may  be  allowed  to  become  indebted  to  a  larger  amount  for  the  erection  of 
a  courthouse  or  jail ;  and  provided  further,  that  any  county,  city,  town, 
township,  school  district,  or  other  political  corporation  or  subdivision  of 
the  state,  incurring  any  indebtedness  requiring  the  assent  of  the  voters 
aforesaid,  shall  before  or  at  the  time  of  doing  so  provide  for  the  collection 
of  an  annual  tax  sufficient  to  pay  the  interest  on  such  indebtedness  as  it 
falls  due,  and  also  to  constitute  a  sinking  fund  for  payment  of  the  princi- 
pal thereof,  within  twenty  years  from  the  time  of  contracting  the  same. 

ARTICLE  XI— EDUCATION. 

Section  1.  A  general  diffusion  of  knowledge  and  intelligence 
being  essential  to  the  preservation  of  the  rights  and  liberties  of  the  peo- 
ple, the  general  assembly  shall  establish  and  maintain  free  public  schools 
for  the  gratuitous  instruction  of  all  persons  in  this  state  between  the  ages 
of  six  and  twenty  years. 

Sec.  2.  The  income  of  all  the  funds  provided  by  the  state  for 
the  support  of  free  public  schools  shall  be  paid  annually  to  the  several 
county  treasurers,  to  be  distributed  according  to  law ;  but  no  school  dis- 
trict in  which  a  free  public  school  has  not  been  maintained  at  least  three 
months  during  the  year  for  which  the  distribution  is  made  shall  be  en- 
titled to  receive  any  portion  of  such  funds. 

Sec.  3.  Separate  free  public  schools  shall  be  established  for  the 
education  of  children  of  African  descent. 

Sec.  4.  The  supervision  of  instruction  in  the  public  schools  shall 
be  vested  in  a  "board  of  education,"  whose  powers  and  duties  shall  be 
prescribed  by  law.  The  superintendent  of  public  schools  shall  be  presi- 
dent of  the  board ;  the  governor,  secretary  of  state  and  attorney-general 
shall  be  ex  officio  members,  and,  with  the  superintendent,  compose  said 
board  of  education. 

Sec.  5.  The  general  assembly  shall,  whenever  -the  public  school 
fund  will  permit,  and  the  actual  necessity  of  the  same  may  require,  aid 
and  maintain  the  state  university  now  established,  with  its  present  de- 
partments. The  government  of  the  state  university  shall  be  vested  in  the 
board  of -curators,  to  consist  of  nine  members,  to  be  appointed  by  the 
governor,  by  and  with  the  advice  and  consent  of  the  senate. 


Revised  School  Laivs.  125 

Sec.  6.  The  proceeds  of  all  lands  that  have  been  or  hereafter 
nrny  be  granted  by  the  United  States  to  this  state,  and  not  otherwise  ap- 
propriated by  this  state  or  the  United  States;  also,  all  moneys,  stocks, 
bonds,  lands  and  other  property  now  belonging  to  any  state  fund  for  pur- 
poses of  education ;  also,  the  net  proceeds  of  all  sales  of  lands  and  other 
property  and  effects  that  may  accrue  to  the  state  by  escheats,  from  un- 
claimed dividends  and  distributive  shares  of  the  estates  of  deceased  per- 
sons ;  also,  any  proceeds  of  the  sales  of  the  public  lands  which  may  have 
been  or  hereafter  may  be  paid  over  to  this  state  (if  congress  will  con- 
sent to  such  appropriation)  ;  also,  all  other  grants,  gifts  or  devises  that 
have  been  or  hereafter  may  be  made  to  this  state,  and  not  otherwise  ap- 
propriated by  the  state  or  the  terms  of  the  grant,  gift  or  devise,  shall 
be  paid  into  the  state  treasury  and  securely  invested  and  sacredly  pre- 
served as  a  public  school  fund;  the  annual  income  of  which  fund,  to- 
gether with  so  much  of  the  ordinary  revenue  of  the  state  as  may  be  by 
law  set  apart  for  that  purpose,  shall  be  faithfully  appropriated  for  es- 
tablishing and  maintaining  the  free  public  schools  and  the  state  universi- 
ty in  this  article  provided  for,  and  for  no  other  uses  or  purposes  what- 
ever. 

Sec.  7.  In  case  the  public  school  fund  now  provided  and  set 
apart  by  law  for  the  support  of  free  public  schools  shall  be  insufficient 
to  sustain  a  free  school  at  least  four  months  in  every  year  in  each  school 
district  in  this  state,  the  general  assembly  may  provide  for  such  de- 
ficiency in  accordance  with  section  eleven  of  the  article  on  revenue  and 
taxation,  but  in  no  case  shall  there  be  set  apart  less  than  twenty-five  per 
cent,  of  the  state  revenue,  exclusive  of  the  interest  and  sinking  fund,  to 
•be  applied  annually  to  the  support  of  the  public  schools. 

Sec.  8.  All  moneys,  stocks,  bonds,  lands  and  other  property  be- 
longing to  a  county  school  fund ;  also,  the  net  proceeds  from  the  sale  of 
estrays;  also,  the  clear  proceeds  of  all  penalties  and  forfeitures,  and  of 
all  fines  collected  in  the  several  counties  for  any  breach  of  the  penal  or 
military  laws  of  the  state,  and  all  moneys  which  shall  be  paid  by  persons 
as  an  equivalent  for  exemption  from  military  duty,  shall  belong  to  and 
be  securely  invested  and  sacredly  preserved  in  the  several  counties  as  a 
county  public  school  fund ;  the  income  of  which  fund  shall  be  faithfully 
appropriated  for  establishing  and  maintaining  free  public  schools  in  the 
several  counties  in  this  state. 

Sec.  9.  No  part  of  the  public  school  fund  of  the  state  shall  ever 
be  invested  in  the  stock  or  bonds  or  other  obligations  of  any  other  state, 
or  of  any  county,  city,  town  or  corporation ;  and  the  proceeds  of  the  sales 
of  any  lands  or  other  property  which  now  belongs  or  may  hereafter  be- 
long to  said  school  fund  shall  be  invested  in  the  bonds  of  the  state  of 
Missouri  or  of  the  United  States. 

Sec.  10.  All  county  school  funds  shall  be  loaned  only  upon  un- 
encumbered real  estate  security  of  double  the  value  of  the  loan,  with  per- 
sonal security  in  addition  thereto. 

Sec.  11.  Neither  the  general  assembly  nor  any  county,  city, 
town,  township,  school  district  or  other  municipal  corporation  shall  ever 
make  an  appropriation,  or  pay  from  any  public  fund  whatever,  anything 


126  Revised  School  Laics. 

in  aid  of  any  religious  creed,  church  or  sectarian  purpose,  or  to  help  to 
support  or  sustain  any  private  or  public  school,  academy,  seminary,  col- 
lege, university  or  other  institution  of  learning,  controlled  by  any  re- 
ligious creed,  church  or  sectarian  denomination  whatever;  nor  shall  any 
grant  or  donation  of  personal  property  or  real  estate  ever  be  made  by  the 
state,  or  any  county,  city,  town  or  other  municipal  corporation,  for  any 
religious  creed,  church  or  sectarian  purpose  whatever. 


INDEX. 


Additions  to  school  houses —                                                                    .                      Section  Page 

funds   for,    how   secured 10777  10 

Alcoholic  drinks,    narcotics,    etc. — • 

effect  to  be  taught 10806  32 

Annexation — 

common  districts  to  city  or  town  districts 10880  78 

disposition  of  moneys  in  case  of 10880  78 

maintenance  of  libraries 10894  85 

restrictions   on    10880  78 

to  cities  of  more  than  100,000,   procedure 10891  83 

election   for   10892  83 

proceedings,    if   carried .' 10893  84 

when   corporate    limits   extended 10882  79 

Annual   meeting — 

how    organized    10845  54 

powers    of    10845  54 

when    and    where    held 10844  54 

Appeal — 

change  boundary  10837  46 

when    district   divided    by   county   line 10837  46 

Apportionment  public  moneys — - 

errors,    how    corrected 10823  39 

to    counties    by    whom,    when ....*..  10822  37 

to  districts,    by  whom 10822  37 

when   township   is   in   two   counties 10824  40 

Approved  summer  schools — 

complimentary   grades  not   to   be   given 10948  103 

grades    accepted    by   whom 10947  103 

Arbitration,  board  of — 

fees,    by   whom   paid 10837  46 

powers    and    duties 10837  46 

qualification   of  members • 10837  46 

to   determine   change   of  boundary 10837  46 

to  determine  valuation  of  property 10840  51 

Arbor  day — 

how  observed    10801  29 

when  observed    10801  29 

Association,    county   teachers' — 

(see  county  teachers'  association.) 

(127) 


128  Index. 

Attendance,   compulsory —  Section  Page 

(sec  compulsory  attendance.) 

Ballot — 

form    of    for    loan J  0777  10 

Blanks — 

county   superintendent    to    furnish    districts 10936  97 

how   distributed    10920  90 

how   printed    10925  92 

prescribed    by    State    Superintendent 10925  92 

State    Superintendent    to    furnish 10936  97 

Blind  children — 

county   clerk   to   certify   list   of 10790  21 

Board  of  directors — 

admit    non-resident    pupils 10785  16 

cannot    dismiss    teacher r 10788  20 

cannot   issue   warrant,    when 10856  66 

cannot  pay  teacher's  wages,    when 1085C  66 

cannot   rent   building's,    when 10833  43 

duty   to    visit   school 10789  21 

guilty    of    misdemeanor,    when 10965  109 

individually   responsible   for    tuition,    when 10795  25 

majority    to    transact    business 10849  60 

may  call  special  meeting,   when 10798  28 

may  close  colored  school ,   when 10794  23 

may    condemn    site 10792  23 

may  establish  joint  colored  school,    when 10794  24 

may   invest   or   loan   sinking   fund 10782  14 

may   exchange   funding  bonds 10780  14 

may   refund  bonds 10779  13 

may  refuse  to  pay  teachers,   when 10788  20 

may   require   medical   examination 10786  18 

may  suspend  or  expel  pupils,    when 10785  16 

may    transfer    certain    funds 10857  67 

must  establish  colored  school,   when 10794  24 

must  make  provision  for  interest 10783  15 

organization  of 10849  60 

president  to   call   special   meetings 10787  18 

president  to  receive  expenses,   when 10856  66 

shall  not  allow  use  of  house,    when 10784  15 

shall  receive  no  compensation 10849  60 

to  call  special  meetings,    when 10799  28 

to  employ  janitor,    etc 10784  15 

to  employ  teacher,    when 10787  18 

to   forward   estimate,    when 10791  22 

to  have  care  of  property  of  district 10784  15 

to  keep  building  and  grounds  in  repair 10784  15 

to   make   estimate 10791  22 

to   make    rules 10785  16 

to  provide  sinking  fund 10782  14 

to   purchase   library   books 8186  113 

to  purchase  supplies 10784  15 

to  rent  house  for  school,   when 10794  23 

to  sell  renewal  bonds,   when 10780  14 

to  submit  proposition  to  increase  tax 10796  26 

to   take   enumeration,    when 10790  21 

vacancy,    how   filled 10850  61 

vacancies,    how    filled 10845  54 


Index.  129 

» 

Board  of  education    (see  board  of  directors) —  Section  Page 

bond    of   treasurer 10873  75 

cannot  employ  members 10884  80 

duties    of 10871  75 

duties   of  president  and  secretary 10868  73 

election   of   members .' 10867  73 

guilty   of   misdemeanor,    when 10965  109 

length   of  school   term 10872  75 

may  accept  gifts  for  libraries 10885  81 

may  adopt  text-books ,   when 10968  109 

may  establish  night  schools 10889  83 

may  issue  funding  and  refunding  bonds 10779  13 

may  loan  sinking  fund ,   when 10887 

organization   of   10868  73 

power  to   establish   libraries 10871  75 

shall    select    depositories 10886  81 

tenure    of    members 10866  73 

to  exchange  funding  bonds 10780  14 

to   keep   seal 10872  75 

to  provide  sinking  and  inte/est  fund 10778  12 

to  publish  financial  report 10884  80 

to  publish  synopsis  compulsory  attendance  law 10902  88 

to    purchase    site 10888  82 

treasurer  of,    custodian  of  moneys 10873  75 

vacancies,    how    filled 10866  73 

Bonds — 

board  to  sell  renewal,    when 10780  14 

clerk  to  keep  record  of  destroyed 10781  14 

contractors    to    give ' 1247  121 

county  or  township  treasurer  responsible  for,  when 10777  10 

denomination  of / 10779  13 

funding  and  refunding,   by  whom  issued 10779  13 

funding  may  be  issued 1249  119 

how  voted .' 10777  10 

if  forfeited,  how  recover 10957  107 

interest  on,   when  payable. 10779  13 

liability  of  treasurer  for  failure  to  burn 10874  76 

may  be  exchanged,    by  whom 10780  14 

not  to  be  negotiated ,  when 10777  10 

of  county  superintendent 10931  95 

of  State   Superintendent 10919  89 

of  treasurer 10830  41 

publisher  liable  upon,  when 10957  107 

rate  shall  not  exceed  legal 10778  12 

record  kept,   by  whom 10779  13 

refunded   by   board 10779  13 

refunding,   no  vote  required 1249  119 

shall  not  exceed  5  per  cent,  valuation 10778  12 

shall  not  run  for  longer  than  twenty  years 10778  12 

time  and  place  of  payment 10779  13 

to  be  countersigned  by  treasurer 10777  10 

to  be  destroyed,   when,    how 10781  14 

Boundary  line — 

appeal  to  county  superintendent 10837  46 

change,   city  an'd  town  districts 10881  78 

change,   district  in  two  counties 10842  52 

change  of,   procedure 10837  46 

SL— 9 


130  index. 

Boundary  line — Continued.                                                                                            Section  Page 

change,   when  decided 10845  54 

clerk  to  notify  county  clerk  and  county  superintendent .  10860  68 

notices,   nature  of • 10837  46 

restrictions  on  change  of 10837  46 

Bribery — 

in  text-book  adoption,    penalty  for 10973  110 

Building  fund   (see  funds)  — 

apportionment  in  newly  formed  districts 10841  51 

rate  of  levy,  when  and  how  determined 10845  54 

special  meeting  for  voting x 10797  27 

Certificates — 

applicant  may  raise  grade  of 10943  101 

by   whom    issued .' 10939  99 

complimentary  not  to  be  granted 10948  103 

examination  for,   county 10939  99 

fees  for  examination  for 10944  102 

fees  for  endorsement  of  second  grade 10943  101 

fees  for  renewal  of  first  and  second  grade 10942  101 

grades  to  be  kept 10943  101 

grades  made  in  approved  summer  schools  to  be  accepted  on 10947  103 

endorsement  of  second  grade  in  adjoining  counties 10943  101 

may  be  revoked 10945  102 

papers  graded  by  State   Superintendent 10940  100 

qualifications  necessary 10939  99 

10941  100 

renewal  of  first  and  second  grade,    conditions 10942  101 

special,  to  whom  granted •. 10939  99 

State   Superintendent   may   grant , 10920  90 

teachers  to  have  legal 10804  31 

three  grades,   requirements  for.  .  v 10939  99 

10941  100 

to  be  filed  with  district  clerk 10787  18 

Cigarettes — 

sale  of  prohibited. 4734  119 

use    of   prohibited 4735  119 

Child    labor    law 1715  113 

City  and  town  school  districts — 

annexation  adjoining  districts 10880  78 

annexation  when  corporate  limits  extended 10882  79 

article  IX  not  to  apply  to  certain 10849  103 

change  boundary  line  of 10881  78 

establishment  of  primary  and  high  schools 10869  74 

exempt  from  text-book  law 10953  105 

exempt,    may  make  text-book  adoptions 10968  109 

how  disorganized 10870  74 

not   entitled   to   school   funds,    when 10822  37 

to  establish  libraries 10871  75 

Claims — 

corruptly  allowed 4560  118 

unjust,   allowed 4560  118 

Classification — 

of   high    schools 10923  91 

of  school  districts .  10775  7 


Index.  131 

Colored  children —  Section  Page 

.   cannot  attend  white  school 10793  23 

right  to  attend  in  other  districts 10795  25 

separate  schools  for 10793  23 

Colored  schools — 

board   must  establish ,    when 10794  23 

joint,    control   of 10794  23 

joint,   how  maintained 10794  23 

joint,    may  be  established 10794  23 

may  be   closed,    when 10794  23 

Colored  teachers'  institutes — 

certificate  fee  by  attendants 10946  103 

established 10,946  103 

fee   10946  103 

grades  made  in 10946  103 

instructors ,    how  appointed 10946  103 

Common  school  districts   (see  districts)  — 

Compensation — 

board  of  arbitration 10837  46 

county  clerk 10877  75 

county  clerk  for  school  tax  book 10826  41 

county  collector 10828  41 

county  superintendents 10938  98 

county  treasurer 10830  41 

district  clerk 10849  60 

none  to  directors 10849  60 

secretary    board    education 10884  80 

text-book  commission 10952  105 

treasurer    board    education 10884  80 

Compulsory  attendance — 

boards  may  establish  truant  schools 10900  87 

children  excused,   when  and.  how 10897  86 

county  superintendent  to  be  furnished  list 10899a  87 

district  clerk  to  send  warning 10901  87 

employment  of  children  forbidden 1715  113 

1716  113 

1718  114 

1726a  116 

1726b  116 

1726C  117 

officers ,    duties 10898  86 

officers,    how   appointed 10898  86 

officers,    rights 10898  86 

parents  and  guardians  required  to  send  children 10896  85 

penalty  for  employment  of  children 1726d  117 

penalty   for   non-compliance 10901  87 

prosecutions,    how  brought 10899a  87 

10905  88 

prosecuting  attorney  shall  act 10899a  87 

"  synopsis  of  law  to  be  published 10902  88 

teachers  to  be  furnished  with  enumeration  lists 10899  87 

teachers  to  report  delinquents 10899  87 

warning  to  parents  or  guardians 10901  87 

Condemnation — 

board  may  condemn  site 10792  23" 

proceedings    (Chap.  22,   Art.  II,   R.  S.  1909.) 


132  Index. 

Consolidated  school  districts   (see  also  districts) —                                              Section  Page 

how    disorganized    10870  74 

how  formed 10883  80 

how  governed 10883  80 

what  constitutes 10775  7 

Contagious  diseases — 

board  may  exclude  children  with 10786  18 

board  may  require  medical  examination,  when 10786  18 

teacher  may  exclude  children  with 10786  18 

Contracts — 

commission  to  enter  into  for  five  years 10960  108 

made  by  majority  of  board 10868  73 

penalty  for  attempted  violation 10965  109 

publisher  to  forfeit,    when 10971  110 

rules   part   of,    when 10788  20 

to   be   made,    how ." 10787  18 

to  be  signed  by  whom 10787  18 

void  if  house  is  destroyed 10788  20 

County  clerk — 

compensation t 10877  77 

compensation  of  for  making  school  tax  book 10826  41 

duty  of  as  to  estimates 10825  40 

held  responsible  for  funds,   when 10809  33 

may  be  punished  for  neglect,  when 10802  30 

must  furnish  tally  sheet  for  election  returns  of  county  superintendent.    10930  94 

shall   certify  election  county   superintendent 10930  94 

shall  issue  commission  to  county  superintendent 10930  94 

to  apportion  funds  to  districts 10822  37 

to  assess  building  tax 10797  27 

to    assess    tax,    when 10796  26 

to  certify  lists  of  deaf,   dumb  and  blind .- .    10790  21 

to  list  owners  personal  property 10825  40 

to  make  report  to  State  Superintendent 10827  4-1 

to  make  school  tax  book 10825  40 

to   sign  October  statement  county  treasurer 10831  42 

County  collector — 

compensation    of    10828  41 

duties  of  to  city  and  town  districts 10878  77 

duty  of 10828  41 

to  collect  delinquent  taxes 10829  41 

t 

County  court — 

held  responsible  for  funds 10809  33 

may  appoint  agent  to  rent  or  manage  property 10821  37 

may  invest  sinking  fund 10858  68 

may  order  sale  of  property 10819  36 

may  order  sheriff  to  sell  property 10819  36 

may  purchase  mortgaged  property 10821  37 

may   require  additional   security 10818  35 

shall  furnish  county  superintendent  office 10931  95 

shall  require  security  for  loans 10816  34 

shall   resell  property,    when 10821  37 

to  collect  and  distribute  funds 10810  33 

to  credit  interest  on  sinking  fund 10859  68 

to  have  care  of  township  funds 10813  34 


Index-.  133 

County  court — Continued.  Section  Page 

to  have   jurisdiction   of  funds 10810  33 

to  invest  school  funds,  how 10809  33 

to  loan  surplus  district  funds 10862  69 

to  preserve  and  loan  county  school  funds 10808  32 

to  renumber  school  districts ,  .  .  .    10834  44 

to  require  abstract  title  in  making  loans 10816  34 

to  transfer  funds,    when 10824  40 

County  superintendent — 

appeal  to,   change  of  boundary 10837  46 

appoint  board  arbitration 10837  46 

appoint  board  arbitration 10840  51 

bond   of 10931  95 

county  commissioner  shall  become 10929  93 

county  court  shall  furnish  office 10931  95 

duties  of 10935,    10936  97 

election   of 10930  94 

election  returns,    how  certified 10930  94 

Governor  appoints  in  case  of  tie  vote 10930  94 

has  supervision  over  schools 10932  95 

may  be  punished  for  neglect,  when 10802  30 

may  organize  county  association 10934  96 

may  not  act  as  agent 10926  93 

must  furnish  information  to  prosecuting  attorney 10899a       87 

must  grade  teachers  on  professional  qualities 10939  99 

not  to  grant  complimentary  grades  or  certificates 10948  103 

oath  of 10931  95 

office  created 10929  93 

office,    where    kept 10931  95 

powers    and    duties 10932  95 

provide    for   graduation 10933  96 

qualifications  of    10929  93 

salary  of,   how  determined,   10719,   R.  S 10938  98 

salary  of,    when  paid 10938  98 

shall  adopt  course  of  study 10933  96 

shall  approve  estimates  and  enumerations 10932  95 

shall  assist  district  clerk 10932  95 

shall   compile    statistics 10935  97 

shall  deliver  books  to  successor 10929,    93  ;   10931  95 

shall   distribute  blanks 10935  97 

shall  distribute  school  laws " 10935  97 

shall   examine   records 10932  95 

shall  furnish  blanks  to  school  officers i .  .    10936  97 

shall  hold  examination  of  pupils 10933  96 

shall    hold    meetings 10933  96 

shall  make  report  to  State  Superintendent 10935  97 

shall  require  teacher  to  make  report 10935  97 

shall   not    teach 10937  97 

shall  visit  and  examine  schools 10932  95 

statement  to  district  clerk 10932  .  95 

term  of  office 10929  93 

to  attend  August  term  county  court 10933  96 

to  attend  convention  or  State  school 10937  97 

to  fill  vacancy  in  board,   when 10850  61 

to  forfeit  salary,   when 10937  97 

to  keep  record  of  certificate  grades 10943  101 

vote  upon   10845  54 


134  Index. 

County  teachers'  association —  Section  Page 

certificate  fees  to  be  used  for 10944  102 

county  superintendent  may  hold 10934  96 

duty  of  teacher  to  attend 10934  96 

expenses,    how  paid 10934  96 

County  text-book  commission   (see  text-book  commission). 

County  treasurer — 

bond 10830  41 

»      compensation  of - 10830  41 

custodian  of  school  moneys 10830  41 

duties  of 10830  41 

may  be  punished  for  neglect,  when 10802  30 

penalty  for  failure  to  make  settlement 10832  43 

settlement  of 10831  42 

shall  keep  funds  separate 10857  67 

shall  not  honor  warrant,  when 10803  30 

to  be  responsible,    when 10777  10 

to  collect  interest 10811  33 

to   countersign   bonds 10777  10 

to  give  duplicate  receipts 10811,   33  ;   10820  36 

to  pay  treasurer  city  or  town  district 10875  76 

to  report  moneys  invested 10859  68 

Day,   week,   month  and  year   (see  school  day,    etc.). 

Deaf  and  dumb  children — 

county  clerk  to  certify  list  of 10790  21 

Depository  for  district  funds — 

board  of  education  shall  select 10886  81 

Directors    (see  board  of  directors)  — 

appointment,    form   of 10850  61 

cannot   serve   as  teacher 10787  18 

guilty  of  misdemeanor,   when 10805  Cl 

how  and  by  whom  elected 10847  59 

how  elected 10845  54 

may  act  as  clerk,  when 10849  60 

oath  of— form 10848  GO 

qualifications   of    10847  59 

Disorganization — 

of  city,  town  or  consolidated  districts 10S70  74 

organization  forfeited,    when 10776  8 

District  clerk — 

certificate  to  be  filed  with 10787  18 

county  superintendent  shall  assist 10932  95 

director  may  act  as 10849  60 

duties  of 10853  64 

may  be  punished  for  neglect,  when 10802  30 

report  to  county   superintendent 10853  64 

removal  of 10851  61 

selection  of 10849  60 

shall  keep  record  of  bonds 10779  13 

special  meeting,    notice   of 10799  28 

teacher  cannot  serve  as 10787  18 

term  of  .                                                                                                                        .    10849  60 


Index.  135 

District  clerk — Continued.                                                                                             Section  Page 

to  certify  vote  on  tax  levy,  when 10796  26 

to  keep  records 10849,    60;   10853  64 

to  keep  record  of  destroyed  bonds 10781  14 

to  keep  record  special  meetings 10799  28 

to  notify  of  change  of  boundaries 10860  68 

to  post  notices 10777,   10;  10797,   27;  10798,   28;  10799,   28;   10855  65 

to  procure  record  books 10854  65 

to  record  copy  of  reports 10860  68 

to  record  plat 10860  68 

to  supply  teacher  with  copy  of  rules 10785  16 

to  warn  parents  or  guardians  of  non-attendance  of  children 10901  87 

Districts- 
aided   by   state,    when 4 10846  58 

become   disorganized,    when 10776  8 

bodies  corporate  10776  8 

boundary,    change  of . 10837  46 

cannot  be  formed,   divided  by  county  line 10842  52 

children's  right  to  attend  in  old  when  new  is  formed 10843  53 

city  districts 10775  7 

classification  of 10775  7 

clerk,    duties  of 10853  64 

clerk,  penalty  for  neglect  of  duty 10802  30 

clerk,    removal  of 10851  61 

clerk,    selection  of,   term,   etc 10849  61 

clerk   to   keep   records 10849  60 

clerk  to  notify  county  clerk  and  superintendent 10860  68 

clerk  to  post  notices 10855  65 

clerk  to  procure  record  books 10854  65 

clerk  to  record  copy  of  reports 10860  68 

clerk  to  record  plat  of 10860  67 

common  school 10775  7 

consolidated 10775  7 

consolidated,   how  formed,   governed 10883  80 

corporate  powers 10834  44 

division  of  property  when  in  two  or  more  counties 10842  52 

division  to  form  new 10837  46 

first  meeting  in  new 10843  53 

forfeit  organization   of,    when 10776  8 

formation   of,    restrictions 10837  46 

government  and  control  of 10847  59 

indebtedness,    how  paid 10856  66 

in  two  or  more  counties,   division  of .    10842  52 

location  of  site  in  new 10845  54 

may  be  attached  to  town,   city  or  consolidated 10842  52 

new,    building  fund,    on  what  levied 10841  51 

new,    division   of   property 10839  50 

new,   formation  of 10837  46 

payment  of  indebtedness,   from  proper  fund 10856  66 

property   rights  waived. . .  : 10839  50 

pupils  may  attend  in  other,   when 10785  16 

renumbering  of,   when,   how 10834  44 

renumbered,    rights  not  affected 10835  45 

residents  of  island  may  form 10837  46 

school  money,   loan  of  surplus 10862  69 

special  charter,  change  boundary 10838  50 

to  hold  and  sell  property 10834  44 

town  districts  .                    .    10775  7 


136  Index. 

» 

Districts — Continued.  Section  Page 

town  and  city,   length  of  term  in 10872  75 

town,    city,    consolidated,    how  disorganized 10870  74 

town  or  city,   effects  of  extension  of 10864  70 

town  or  city,   how  organized 10865  71 

town  or  city,    organization  of  in  two  districts 10864  70 

town  or  city,    organization  of 10864  70 

union  of,    to  form  new 10837  46 

valuation  of  property  when  divided 10840  51 

Election — 

city,    town  and  consolidated  districts 10879  77 

districts  with  special  charter 10879  77 

notice  of 10798  28 

of  county   superintendent 10929  93 

to  erect  school  house 10797  27 

to  increase  tax  levy 10796  26 

Enumeration — 

apportionment  school  funds  based  on 10822  37 

blind,   certified  by  clerk,   when 10790  21 

deaf  and  dumb,   certified  to  whom 10790  21 

lists  approved  by  county  superintendent 10932  95 

lists  to  be  furnished  teachers  by  district  clerk : 10899  87 

not  taken  in  certain  cities,  when 10790  21 

penalty   for  false   information 10790  21 

when  and  by  whom  taken 10790  21 

who  should  be  listed , 10790  21 

Estimate —  \ 

county  superintendent  to  approve 10932  95 

to  be  sent  to  county  clerk,  when 10791  22 

what  contain 10791  22 

Examination — 

by   State   Superintendent 10920  90 

complimentary  grades  forbidden 10948  103 

fees  to  be  used  for  county  association 10944  102 

for  county  certificates 10939  99 

grades  accepted  in  lieu  of 10947  103 

in  what  subjects 10939  99 

no  fee  for  state 10920  90 

Factory     inspection     law 1715  113 

Funds    (see,    also,    int.   fund,    sinking  fund)  — 

apportionment  of,    to  districts — to  counties 10822  37 

county,  by  whom  collected 10808  32 

county  court  to  collect  and  distribute 10810  33 

county  court  to  have  jurisdiction  of 10810  33 

county  court  to  invest 10808  32 

county,   from  what  source  derived 10808  32 

county,    how    invested 10808  32 

county,   how  loaned,   Const.,   Art.  XI,   Sec.  10 125 

county,   how  loaned,    how  secured 10808  32 

county,    income,    how  applied 10808  32 

county  officers  responsible  for,   when 10809  33 

county,   provided  for,   Const.,   Art.  XI,   Sec.  8 125 

district,  loan  of  surplus.  . 10862  69 

for  building  additions,  how  secured 10777  10 

for  furnishing  schoolhouse,   how  obtained 10777  10 


Index.  137 

Funds — Continued.                                                                                                               Section  Page 

for  purchasing  sites,   how  obtained 10777  10 

for  repairs ,    how  secured 10777  10 

interest  must  be  provided 10778  12 

not  to  be  loaned  to  certain  persons 10809  33 

public,    apportionment  to   counties 10822  37 

public,    apportionment  to  districts 10822  37 

public,   withheld,   when 10794  23 

school,    distribution  of,    Const.,   Art.  XI,    Sec.  2 122 

sinking,    must  be  provided 10778  12 

sinking,   provided  for,   Const.,   Art.  X,    Sec.   12 125 

State,   appropriation  of,   for  school  purposes,   Const.,  Art.  XI,   Sec.  6 125 

State,    how  invested,    Const.,   Art.  XI,    Sec.   9 125 

State,  provided  for,  Const.,  Art.  XI,  Sec.  6 125 

township,    capital  of,   how  invested 10815  34 

township,    care  of 10813  34 

township,    source  of 10812  33 

transfer  of  when  county  lines  are  changed 10814  34 

transfer  permissible 10857  67 

Furnishing  school  houses — 

funds  for - 10777  10 

High  schools — 

classification  of 10923  91 

establishment  in  city  and  town  districts 10869  74 

joint,    how   established 10852  62 

how  maintained 10852  62 

length   of    term 10852  62 

pupils  entitled  to  attend 10852  62 

inspection  by  State  Superintendent 10023  91 

list  of  classified  to  be  published 10924  92 

may  be  reclassified,    when 10923  91 

work  accepted  for  entrance  to  State  schools 10923  91 

work  required  for  first  and  second  grade  certificates 10941  100 

Holidays — 

named 10800  29 

when  may  be  claimed 10800  29 

Indebtedness — 

bonded,   cities,   counties,   etc.,   may  be  funded 1249  129 

must  be  paid  out  of  proper  fund 10856  66 

not  to  exceed  5  per  cent,  valuation,  Const.,  Art.  X,   Sec.  12 124 

not  to  exceed  revenue,   Const.,   Art.  X,   Sec.  12 124 

Indigent  pupils — 

books  may  be  furnished 10967  109 

Inspection  of  schools — 

by  State  Superintendent 10922,   91 ;   10924  92 

Institute   (see  colored  teachers'  institutes). 

Interest — 

board   must   provide 10779  13 

board  to  make  provision  for 10783  15 

county  treasurer  to  collect 10811  33 

on  bonds  when  payable 10779  13 

warrants  not  to  bear .    10803  30 


138  Index. 

Library—                                                                                                                            Section  Page 

board  created 8184  112 

board  to  select,  classify  and  recommend  books 8185  112 

buildings  for 10777  10 

gifts  for 10885  81 

maintenance  of,   in  case  of  annexation. 10894  85 

power  to  establish  in  cities 10871  75 

school  boards  to  purchase  books 8186  113 

Liquor — 

sale    to    students 11132  122 

Loan — 

abstract  title  to  be  filed ,  .    10816  34 

additional  security  may  be  required 10818  35 

cost  of  securities,   by  whom  paid 10817  35 

duplicate  receipts  to  be  given 10820  36 

for  erecting  house,   building  addition,   etc 10777  10 

for  furnishing  schoolhouse 10777  10 

form  of  ballot 10777  10 

form  of  mortgage  to  secure 10817  35 

form  of  ballot  for  voting : 10777  10 

for  purchasing  site,    repairing  house : 10777  10 

method  of  voting 10777  10 

notice  sale  mortgaged  property 10817  35 

of  district  school  funds 10862  69 

question  of,    how  decided 10777  10 

rate  cannot  exceed  legal 10778  12 

security  for 10816  34 

shall  not  be  for  longer  than  twenty  years 10778  12 

shall  not  exceed  five  per  cent,  etc 10778  12 

sinking  fund  provided 1 0778  12 

Meetings    (see,    also,    annual  meeting,    special  meeting)  — 

annual,    powers   of 10845  54 

annual,    when  and  where 10844  54 

calling  of,  to  form  district 10836  45 

county  superintendent  to  hold  six 10933  96 

of  board  to  employ  teachers 10787  18 

special,    of   board 10787  18 

special,   school 10799  28 

when  district  in  two  counties 10842  52 

Misdemeanor — 

book  dealer  guilty  of,   when 10963  108 

director  guilty  of,   when 10805  31 

false  enumeration 10790  21 

for  using  other  than  adopted  books 10965  109 

granting  complimentary  grades  or  certificates 10948  103 

injuring   school  property 10802  30 

officers  guilty  of,   when 10811  33 

parents  guilty  of,   when 10786  18 

prosecutions,   how  brought 10905  88 

publisher  guilty  of,  when 10972  110 

school  officers  guilty  of,   when 10802  30 

teacher  guilty  of,   when 10805  31 

text-book  commission 10965  109 

Night  schools — 

boards  education  may  establish 10889  83 

buildings  may  be  leased  for 10889  83 


Index.  139 

Normal  diplomas,  certificates —                                                                                     Section  Page 

list  to  be  furnished 11073  121 

may  be  revoked,  how,   by  whom 11073  121 

Notices — 

of  sale  of  mortgaged  property 19817  35 

of    special    meeting 10799  28 

posted  when,   by  whom 10777  10 

to    increase   tax 10796  26 

to  teacher  against  whom  charges  are  made 10920  90 

to  vote  tax  for  building  purposes .' 10797  27 

Oath  of  office — 

county  superintendent 10931  95 

directors 10848  60 

State   Superintendent 10919  89 

Organization — 

forfeited,   how 10776  8 

of  city  and  town  districts 10864  70 

of  common  school  districts 10837  46 

of  consolidated   districts 10883  80 

of  unorganized  territory 10836  45 

Orphans — • 

may  attend  school,    where 10785  16 

Parent  or  guardian — 

guilty  of  misdemeanor,   when 10786  18 

penalty  on,   for  failure  to  send  children 10901  87 

required  to  send  children  to  school 10896  85 

warning  to 10901  87 

Physiology  and  hygiene — 

instruction   in   10806  32 

Plat  of  district- 
clerk  required  to  file  copy 10860  68 

President  board  directors — 

must  sign   warrants 10857  67 

shall  sign  treasurer's  book 10856  66 

to  call  special  meetings 10787  L8 

to  receive  traveling  expenses,    when 10856  66 

to   sign   contracts 10787  18 

Property — 

board  to  have  care  of 10784  15 

county  clerk  to  list  owners  of  personal 10825  40 

county  court  shall  resell,  when .' 10821  37 

court  may  appoint  agent  to  rent,   etc 10821  37 

court  may  purchase  mortgaged 10821  37 

division  of,   new  district 10839  50 

leased  or  rented  under  control  of 10833  43 

penalty  for  injuring 10802  30 

rights   waived 10839  50 

sale  of 10869  74 

sale  of  directed 10845  55 

sheriff  to  sell  mortgaged 10819  36 

title  of,   in  whom  vested 10833  43 

trespass  on 4615  118 

valuation,    when  divided 10839  50 


140  Index. 

Public  school  fund —                                                                                                       Section  Page 

withheld,   when 10794  23 

Publisher   (see  text-book  commission) — 

bond  of 10956  107 

guilty  of  misdemeanor,    when 10965  109 

liable  upon  bond 10957  107 

lists  of,  to  be  sent  county  superintendents 10958  107 

must  show  ownership  of  house 10970  110 

not  to   control   prices 10969  109 

penalty  for  bribery  by 10973  110 

penalty  for  selling  without  license 10972  110 

to  file  books  with  State  Superintendent 10954  106 

to  file  sworn  statements 10954  106 

to  forfeit  contract,    when 10971  110 

to  furnish  list  and  sample  books 10959  107 

to  pay  filing  fees 10955  106 

to  preserve  standard  of  quality 10954  106 

to  redu.ce  prices,    when 10954  106 

Pupils — 

board  may  admit  non-resident 10785  16 

board  may  suspend  or  expel,  when 10785  16 

examination   and   graduation    of 10933  96 

entitled  to  free  tuition,   when 10785  16 

enumerated    10790  21 

examination   of,   by   physician 10786  18 

may  attend  in  other  districts,  when 10776  8 

may  be  excluded  for  contagion 10786  18 

may  be  excused  from  attending,   when 10897  86 

non-resident,    how   admitted 10785  16 

sale   of  liquor  to 11132  122 

subject  to  medical  examination 10786  18 

who  may  attend  in  any  district 10785  16 

who  may  enter  high  school 10852  62 

work  of,    to  receive  credit 10923  91 

Qualifications  of — 

county  superintendent 10929  93 

director   10847  59 

member   text-book  commission 10951  104 

State  Superintendent 10919  89 

voter  at  school  meeting 10847  59 

Regents,  board  of — 

report  of  president 11078  121 

Religious  assemblies — 

disturbance  of 4713  119- 

Repairs — 

funds  for,   how  secured 10777  10- 

transfer   of   funds   for 10857  67 

Reports — 

county  clerk  to  State  Superintendent 10827  41 

county  treasurer  to  county  court 10859  68 

county  superintendent  to  district  clerk 10932  95 

county  superintendent  to  school  board 10932  95- 

county  superintendent  to  State  Superintendent 10935  97 


Index.  141 

Reports — Continued.                                                                                                            Section  Page 

district  clerk  to  county  superintendent 10853  64 

secretary  board  to  State  Superintendent 10884  81 

State  board  to  Legislature 10978  112 

State  Superintendent  to  Legislature 10922  91 

teacher  to  county  superintendent 10935  97 

teacher  to  district  clerk 10861  69 

Revocation  of  certificates — 

by    county    superintendent 10945  102 

by  State  Superintendent 10920  90 

charges    for,    how    made 10945  102 

normal  diplomas 11073  121 

Rules  and  regulations — 

become  effective,    when 10785  16 

clerk  to  supply  teacher  with  copy 10785  16 

made  by  board 10785  16 

part  of  contract,    when 10788  20 

School   (see  schools) — 

day,    week,    month,    year 10800  29 

delinquent   taxes,    how    collected 10829  41 

duty  of  board  to  visit 10789  21 

fund,  by  whom  apportionment  is  made 10822  37 

holidays 10800  29 

law,    how  distributed 10920  90 

loan,    how   effected 10777  10 

money,    application  of 10803  30 

property,    trespass  on 4615  118 

site  cannot  be  abandoned ,   when 10833  43 

site,    change   of 10845  54 

site  in  new  district 10845  54 

term,    length   of 10776  8 

term,   length  of,  how  determined 10845  54 

term,   length  of  town  and  cities 10872  75 

term,    length   required 10846  58 

term,  same  for  white  and  colored 10794  23 

School  day,   week,   month,   year — 

what  constitutes 10SOO  29 

Schoolhouse — 

additions  to 10777  10 

board  shall  not  allow  use  of,  when. 10784  15 

board  to  keep  in  repair 10784  15 

board  to  rent,  when 10794  23 

funds  for  erecting 10777  10 

funds  for  furnishing * 10777  10 

injury   of 4615  118 

levy  for,   how  determined 10845  54 

may  be  used  for  other  purposes,  when 10784  15 

swept  at  expense  of  district 10784  15 

tax  may  be  voted  for 10797  27 

use  for  religious  purposes,    etc 10845  54 

use  of  for  other  than  school  purposes 10784  15 

Schools   (see  school)  — 

classification  of 10775  8 

classification    of   high .    10923  91 


142  Index. 

Schools— Continued.                                                                                                              Section  Page 

church,   to  receive  no  state  aid,   Const,   Art.  XI,    Sec.  11 125 

colored  children  cannot  attend  white 10793  23 

(See,   also,   Sec.  3,   Art.  XI,   Const.) 

control  of  joint,    where  vested 10794  23 

county  superintendent  has  supervision  over 10932  95 

expense  of  joint,    how  paid 10794  23 

high,    establishment    of 10S69  74 

joint  high,  how  established,   etc 10852  62 

inspection   of 10922  91 

may  be  closed,    when,    how 1077G  9 

night,   boards  may  establish 10889  83 

not  to  be  suspended,   when 107 8 S  20 

public,  provided  for,  Const.,  Art.  XI,  Sec.  1 124 

separate  for  negro  children,  Const. ,  Art.  XI,  Sec.  3 124 

sites,     how    selected 10792  23 

truant,    may  be  established 10900  87 

white  children  cannot  attend  colored 10793  23 

Schools  in  cities  and  towns   (see  city  and  town  schools  and  district). 

School  site — 

additional  grounds  for,   how  obtained 10792  23 

board  may  condemn .-* 10792  23 

boards  of  education  to  purchase 10888  82 

change  of,  how  made 10845  54 

funds -for,  how  obtained 10777  10 

how  selected 10792  23 

location  of  in  new  district 10845  54 

site  cannot  be  abandoned,   when 10833  43 

title  to,   how  obtained 10792  23 

Seal- 
board  education  to  keep 10872         75 

Secretary  board  education — 

compensation  of 10868,    73;   108S4          80 

term  begins,    when 1086S          73 

Sinking  fund — 

boards  education  to  loan 10SS7 

board  may  invest  or  loan,   when 10782 

board  must  provide 10778 

board  to  make  provision 10782 

may  be  invested,   when  and  how 10858 

provided  for,  Const. ,   Art.  X,   Sec.  12 124 

Site,    schoolhouse   (see  school  site). 

Special  meetings — 

by  whom  called 10798          28 

called  by  board,  when •    10799 

manner   of   holding 10799 

notice  to  be  given 10799 

president   to   call 10787 

power   of   limited '10799 

record  to  be  kept 10799 

State  aid — 

to  weak  districts 10846          58 


Index.  143 

State  board  education —                                                                                                Section  Page 

duty  as  to  State  school  fund 10976  111 

duty  in  relation  to  swamp  lands 10975  111 

how  composed 10974  110 

powers    and    duties 10974  110 

power   to   employ  attorney 10977  111 

provided  for,   Const,   Art.  XI,   Sec.  4 124 

shall  establish  institutes  colored  teachers 10946  103 

shall  outline  institute  work 10946  10 

State    Superintendent  president 10974  110 

to  make  report  to  General  Assembly 10978  112 

State  Superintendent — 

annual   report  of 10922  91 

apportionment  of  State  funds  by 10822  37 

bond  and  qualification  of 10919  89 

duties   and   powers    of .  ., 10920  90 

election  and  term  of 10918  89 

examination  of  teachers  by 10920  90 

inspection  of  high  schools  by 10922  91 

may  classify  high  schools 10923  91 

may  correct  error  in  apportionment 10823  39 

may  employ  chief  clerk 10921  90 

may  require  reports 10920  90 

may  revoke  certificates 10920  90 

not  permitted  to  act  as  agent 10926  92 

president  State  board  of  education 10974  110 

school  visitation  by 10922  91 

to  advise  school  officers 10922  91 

to  call  convention  county  superintendents 10937  97 

to   furnish   blanks 10936  97 

to  .furnish   list   publishers,    etc 10958  107 

to  prescribe  forms  for  blanks 10925  92 

vacancy  in  office,   how  filled 10918  89 

Supervision,   county   (see  county  superintendent). 

Swamp  lands — 

duty  State  board  education 10975 ,  111 ;   10977  111 

Taxes   (see  funds)  — 

compensation  county  collector  for  collecting 10828  41 

county  clerk  to  assess  building 10797  27 

county  clerk  to  assess,  when 10796  26 

delinquent,    how  collected 10829  41 

increase,   by  whom  voted 10796  26 

levy  for  schoolhouse 10845  54 

levy  increased ,   how 10796  26 

levy,    purposes,    limitations 10825  40 

may  be  increased  for  school  purposes 10796  26 

may  be  voted  for  building  purposes 10797  27 

maximum  rate   (Const.,   Art.  X,   Sec.  11) 123 

proposition  to  increase  levy 10796  26 

provision  for  (Const.,   Art.  X,   Sec.  11) 123 

qualified  voters  may  vote 10797  27 

Teacher — 

board  can  not  dismiss 10788  20 

board  may  refuse  to  pay,  when 10788  20 

board  to  employ,   when 10787  18 


144  Index. 

Teacher — Continued.                                                                                                             Section  Page 

can  not  serve  as  clerk 10787  18 

director  can  not  serve  as 10787  18 

duty  to  attend  association 10934  96 

examination  of,   county 10940  100 

guilty  of  misdemeanor,  when 10805,   31;   10965  109 

may  exclude  children  with  contagion,   when 10786  18 

not  to  be  paid,  when 10804  31 

not  to  receive  salary,    when 10861,    69;   10935  97 

State   Superintendent  may  examine ; 10920  90 

to  be  furnished  with  enumeration  lists 10899  87 

to  forfeit  salary,   when .  .  . 10805  31 

to   have   legal   certificate 10804  31 

to  keep   daily   register 10807  32 

to  make  monthly  and  term  reports 10861  69 

to  make  term  report  to  county  superintendent 10935  97 

to  report  non-attendants 10899  87 

to   sign   contracts 10787  IS 

warrants,  how  paid,   to  whom  paid 10803  30 

Term — 

length   of 10776 ,    8  ;    10863  69 

length  of,  city  and  town  districts -. 10872  75 

length  of,   how  determined 10845  54 

length  required 10846  58 

of  office,    county  superintendent 10929  93 

same  for  white  and  colored  children 10794  23 

Text-book  commission   (see  publisher)  — 

adopted  books  to  be  used  exclusively 10960  108 

Attorney-General   to   enter  proceedings,    when 10971  110 

books   for  indigent  children 10967  109 

cities  and  towns  exempt 10953  105 

dealer  to  sell  at  not  more  than  15  per  cent,  profit 10963  108 

exchange  price  of  books - 10964  108 

how  composed 10951  104 

ineligible,    who   10951  104 

meetings  of 10952  105 

penalty  for  using  other  than  adopted  books 10965  109 

president  of  . 10952  105 

quorum 10951  104 

remuneration 10952  105 

selection  of  books,  what  considered 10962  108 

supplementary  books  may  be  used '.  .  .  .    10966  109 

to  advertise  before  making  changes 10961  108 

to  enter  into  contract  for  five  years 10960  108 

to  make  adoptions  from  filed  list 10953  105 

traveling  expenses,    how  paid 10952  105 

vacancies,    how  filled 10951  104 

Text-books    (see  text-book  commission)  — 

Town  school  district   (see  city  and  town  districts)  — 

Township   treasurer    (see   treasurer   and   county  treasurer)  — 

penalty  for  failure  to  make  settlement 10832  43 

settlement  of 10831  42 

to  be  responsible,    when 10777  10 

to   countersign   bonds 10777  10 


Index.  145 

Transportation  of  pupils —                                                                                               Section  Page 

may   be   provided    10776,  8  ;            1  9 

Treasurer    (see  county   treasurer,    township  treasurer)  — 

board  of  education,   collector  pays  money  to 10878  7Y 

board  of  education,    compensation 10884  80 

board  of  education,    compensation 10868  73 

liability   of .  10874  76 

money  paid   to 10875  76 

settlement  of 10876  76 

county,    bond 10830  41 

compensation  of 10830  41 

duties    10830  41 

give   duplicate    receipts 10811  33 

settlement  of 10831  42 

statement  to  district  clerk 10831  42 

to  collect  interest 108*1  33 

custodian  district  moneys 10873  75 

penalty  for  failure  to  make  settlement 10832  43 

suit  against,    how  brought *. 10873  75 

to  be  responsible,    when 10777  10 

town  or  city  district,    to  receive  money 10878  77 

township,    settlement 10831  41 

Truant  schools — 

boards  may  establish 10900  87 

Tuberculosis,    cause  and  prevention — 

instruction    in    , 10806  32 

Tuition — 

board  responsible   for,    when 10795  25 

how  collected 10795  25 

to  be  paid  by  non-residents,   fixed  by  board 10785  16 

to  be  prorated,   when,    how 10795  25 

tuition  of  colored  children  to  be  paid,   when 10795  25 

who  entitled  to  free 10785  16 

Unorganized  territory — 

attached   to   adjoining  districts,    how 10836  45 

incorporation   of,    how - 10836  45 

Vacancy — 

board,   county  superintendent  may  fill,   when 10850  61 

board  directors,   how  filled 10845  54 

office,   county  superintendent,   how  filled 10929  93 

office  State  Superintendent,   how  filled 10918  89 

text-book  commission 10951  104 

Voters — 

qualified,    may  vote  building  tax 10797  27 

qualified ,   who  are 10847  59 

petition  by  qualified 10799  28 

Warrants — 

form  of 10857  67 

must  be  on  proper  fund 10857  67 

no  partial  payments  on 10857  67 

not  to  bear  interest 10803  30 


]4(>  Index. 

Warrants — Continued.  Section  Page 

not  to  be  paid,   when 10803          30 

paid  out  of  current  funds 10803          30 

teachers,    how    paid 10803          30 

teachers,    to  whom  paid • 10803          30 

Week,   school  (see  school  day,  etc.)  — 

White  children — 

cannot  attend  colored  school . 10793         23 

separate  schools  for 10793         23 

V 


UNIVEKSITY  OF  CALIFORNIA  LIBRARY 
BERKELEY 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 

Books  not  returned  on  time  are  subject  to  a  fine  of 
50c  per  volume  after  the  third  day  overdue,  increasing 
to  $1.00  per  volume  after  the  sixth  day.  Books  not  in 
demand  may  be  renewed  if  application  is  made  before 
expiration  o'f  loan  period. 


JUL  81 1920 


50m-7.'16 


4793 


